Asharaf vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2022

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Citation: sooperkanoon.com/1451502
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 28, 2022
Case Number: Bail Appl./1328/2022

Parties & Advocates

Appellant / Petitioner

Asharaf

Respondent

State of Kerala

Excerpt

.....of elamakkara police station, ernakulam district alleging commission of offences under sections 323, 324, 341, 342, 354, 354d, 451 & 426 pf the ipc.2. the allegation against the petitioner is that, hetrespassed into the house of the defacto complainant and slapped her and caught hold on her neck and threatened her and thereby he committed the offences alleged against him.3. learned counsel for the petitioner would submit thatthe petitioner and the defacto complainant, who is a married lady, were living together for about three years which is evident from the fis given by the defacto complainant. it is submitted that thereafter the defacto complainant had left the company of the petitioner and returned to her husband. it is submitted that later, the petitioner was asked to come to the house in question and was severely beaten up by the husband of the defacto complainant and some people who were gathered there. it is submitted that the police had actually taken the petitioner and had admitted him tohospital at about 1.35 pm on 04.02.2022, which is the date on which the petitioner is alleged to have attacked the defacto complainant. it is submitted with reference to annexure-3 that the indications are that the petitioner was attacked by the defacto complainant, her husband and others. it is submitted that the petitioner has been in custody from 04.02.2022 and his continued detention is not necessary for the purpose of any investigation.4. learned public prosecutor opposes the grant of bail. itis submitted that going by the fis of the defacto complainant, the petitioner had attacked the defacto complainant, owing to the fact that she had left his company and returned to her husband. it is submitted that the petitioner is not entitled to be released on bail at this stage, as there is every chance of offences being repeated, if the petitioner is granted bail. it is also submitted that proper investigation requires the continued detention of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 BAIL APPL. NO. 1328 OF 2022 PETITIONER: ASHARAF AGED 45 YEARS HOUSE NO. 11_295B, K B JACOB ROAD, FORT KOCHI ERNAKULAM, PIN - 682001 BY ADVS. V.JOHN SEBASTIAN RALPH VISHNU CHANDRAN RALPH RETI JOHN APPU BABU SHIFNA MUHAMMED SHUKKUR ALBIN ANTO RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT. MAYA. M.N. (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the sole accused in Crime No.79/2022 of Elamakkara Police Station, Ernakulam district alleging commission of offences under Sections 323, 324, 341, 342, 354, 354D, 451 & 426 pf the IPC.

2. The allegation against the petitioner is that, he

trespassed into the house of the defacto complainant and slapped her and caught hold on her neck and threatened her and thereby he committed the offences alleged against him.

3. Learned counsel for the petitioner would submit that

the petitioner and the defacto complainant, who is a married lady, were living together for about three years which is evident from the FIS given by the defacto complainant. It is submitted that thereafter the defacto complainant had left the company of the petitioner and returned to her husband. It is submitted that later, the petitioner was asked to come to the house in question and was severely beaten up by the husband of the defacto complainant and some people who were gathered there. It is submitted that the Police had actually taken the petitioner and had admitted him to

hospital at about 1.35 PM on 04.02.2022, which is the date on which the petitioner is alleged to have attacked the defacto complainant. It is submitted with reference to Annexure-3 that the indications are that the petitioner was attacked by the defacto complainant, her husband and others. It is submitted that the petitioner has been in custody from 04.02.2022 and his continued detention is not necessary for the purpose of any investigation.

4. Learned Public Prosecutor opposes the grant of bail. It

is submitted that going by the FIS of the defacto complainant, the petitioner had attacked the defacto complainant, owing to the fact that she had left his company and returned to her husband. It is submitted that the petitioner is not entitled to be released on bail at this stage, as there is every chance of offences being repeated, if the petitioner is granted bail. It is also submitted that proper investigation requires the continued detention of the petitioner.

5. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody

from 04.02.2022 and considering the fact that a proper investigation can be completed without further detention of the petitioner, I am of the view that the petitioner can be granted bail. I also take note of the fact that going by Annexure-3, it appears, prima facie, that the petitioner suffered some injuries allegedly owing to the attack by the defacto complainant, her husband and others. I also note that the FIS which led to registration of Crime No. 79/2022 was given only after the petitioner was admitted to hospital for treatment of injuries suffered by him.

6. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.79/2022 of Elamakkara Police Station as and when called upon to do so.

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.79/2022 of Elamakkara Police Station;

(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.79/2022 of Elamakkara Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AJ APPENDIX OF BAIL APPL. 1328/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE ORDER DATED 09.02.2022 IN CMP NO. 269/2022 IN CRIME NO. 79/2022 OF ELAMAKKARA POLICE STATION, ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA

Annexure2 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 79/2022 OF ELAMAKKARA POLICE STATION, ERNAKULAM Annexure3 CERTIFIED COPY OF THE CERTIFICATE OF EXAMINATION BY A MEDICAL OFFICER, DATED 04.02.2022

Same Court & Year Kerala · 2022 Same Parties Asharaf vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.