Faisal @ Mohammed Faisal vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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Citation: sooperkanoon.com/1752928
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Mar 23, 2020
Case Number: Bail Appl./1685/2020

Parties & Advocates

Appellant / Petitioner

Faisal @ Mohammed Faisal

Respondent

State of Kerala

Excerpt

.....341, 323, 324, 326, 506(ii) and 307 read with section 34 of indian penal code.3. the petitioners are in custody since 11.02.2020.4. the prosecution allegation is that on13.01.2020 at about 7 p.m., the petitioners, due to their enmity towards the defacto complainant, had wrongfully restrained him and attacked him by beating with hands. the first petitioner has stabbed him with a knife with the intention to cause his death and thereby the petitioners have committed the aforesaid offences.5. according to the learned counsel for the petitioners, they have been falsely implicated in the case and as a result they are undergoing incarceration for the last so many days.6. the learned public prosecutor has submitted that the investigation of the case is well in progress. in fact it is nearing completion.7. considering the nature of the accusations levelled against these petitioners (accused 1 and 2) the present stage of investigation as well the otherfacts and circumstances involved in this case, i thinkthat this petition can be allowed. therefore, this application is allowed subject to the following conditions:(i) the petitioners shall be released on bail oneach of them executing a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) the petitioners shall appear before the investigating officer for interrogation as and when required by him, in writing.(iii) the petitioners shall not directly orindirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.(iv) the petitioners shall not commit any offence while on bail. in case of violation of any of the above conditions, the learned magistrate is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge sb

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1685 OF 2020 AGAINST THE ORDER IN CRMP 639/2020 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD AGAINST THE ORDER/JUDGMENT IN CMP 682/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KASARAGOD CRIME NO.19/2020 OF VIDYA NAGAR POLICE STATION, Kasargod PETITIONERS/ACCUSED 1 & 2 (UNDER CUSTODY): 1 FAISAL @ MOHAMMED FAISAL AGED 34 YEARS S/O. ABDUL KHADER, MASTHIKUNDU HOUSE, POST MULIYAR, KASARAGOD. 2 ABDUL MANAF AGED 32 YEARS S/O. LATE ABDULRAHMAN, EDNEER HOUSE, POST EDNEER, KASARAGOD. BY ADVS. SMT.K.A.SANJEETHA SRI.BALU TOM RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. OTHER PRESENT: SR PP CN PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 23rd day of March 2020 Application for regular bail.

2. The petitioners are the accused in Crime No.

19 of 2020 of Vidyanagar Police Station registered for the offences punishable under Sections 341, 323, 324, 326, 506(ii) and 307 read with Section 34 of Indian Penal Code.

3. The petitioners are in custody since 11.02.2020.

4. The prosecution allegation is that on

13.01.2020 at about 7 p.m., the petitioners, due to their enmity towards the defacto complainant, had wrongfully restrained him and attacked him by beating with hands. The first petitioner has stabbed him with a knife with the intention to cause his death and thereby the petitioners have committed the aforesaid offences.

5. According to the learned counsel for the petitioners, they have been falsely implicated in the case and as a result they are undergoing incarceration for the last so many days.

6. The learned Public Prosecutor has submitted that the investigation of the case is well in progress. In fact it is nearing completion.

7. Considering the nature of the accusations levelled against these petitioners (accused 1 and 2) the present stage of investigation as well the other

facts and circumstances involved in this case, I think

that this petition can be allowed. Therefore, this application is allowed subject to the following conditions:

(i) The petitioners shall be released on bail on

each of them executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or

indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE sb

Same Court & Year Kerala · 2020 Same Parties Faisal @ Mohammed Faisal vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.