M.K.Abdul Muneer Vs. Sub Inspector of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1131417
CourtKerala High Court
Decided OnMar-03-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantM.K.Abdul Muneer
RespondentSub Inspector of Police
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph sunday, the30h day of march20149th chaithra, 1936 bail appl..no. 1396 of 2014 () ------------------------------- crime no. 35/2014 of vidya nagar police station , kasargod petitioners/accused: ------------------ 1. m.k.abdul muneer, aged29years s/o.moideen, residing at chettumkuzhi p.o.hridayath nagar, madhur village kasargod taluk and district.2. musthafa t.v., aged25years s/o.abdul khader, residing at chettumkuzhi p.o.hridayath nagar, madhur village kasargod taluk and district. by advs.sri.p.v.kunhikrishnan sri.p.v.anoop respondent/complainant and state: ------------------------------- 1. sub inspector of police vidya nagar police station, kasaragod-671123.2. state of kerala represented by public prosecutor high court of kerala, ernakulam, kochi-682031. by public prosecutor sri. sreejith this bail application having come up for admission on3003-2014, the court on the same day passed the following: smv thomas p. joseph. j.========================= bail application no. 1396 of 2014 ============================ dated this the 3rd march, 2014 order petitioners are accused in crime no.35 of 2014 of the vidya nagar police station for the offences punishable under secs.323, 324 and 326 r/w. sec.34 of the penal code, apprehend arrest and have filed this application.2. learned public prosecutor has opposed the application. it is submitted that on 14.01.2013 at about 02:00 a.m. the petitioners assaulted the de facto complainant with iron block causing fracture of complete crown. the weapon is not required.3. learned counsel submits that the de facto complainant attacked the first petitioner and his mother and have sustained injuries. the first petitioner has filed a private complaint against the de facto complainant. learned counsel has shown me copy of discharge card of the first petitioner and another which shows that there was b.a no. 1396 of 2014 2 complaint of pain.4. having regard to the relevant circumstances, request of the petitioners for pre-arrest bail cannot be allowed. the weapon of offence is also not recovered. but i am inclined to issued directions. application is disposed of as under:- 1) petitioners shall surrender before the officer investigating crime no.35 of 2014 of the vidya nagar police station on 10.03.2014 at 10:00 a.m. for interrogation. 2) in case interrogation is not completed that day, the said officer can direct the petitioners to appear before him on any other date/dates and time which they shall comply. 3) petitioners shall co-operate with investigation of the case. 4) in case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day. 5) on such production, it is open to the petitioners to move application for bail with intimation given to the assistant public prosecutor concerned at least three working days in advance . b.a no. 1396 of 2014 3 6) if custody of the petitioners is required for any purpose, it is open to the investigating officer to move application before the learned magistrate for the purpose. 7) learned magistrate shall, having regard to all relevant circumstances including whether custody of the petitioner is required for recovery of any material object pass appropriate orders, as early as possible. sd/- thomas p.joseph, judge //true copy// p.a. to judge smv
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH SUNDAY, THE30H DAY OF MARCH20149TH CHAITHRA, 1936 Bail Appl..No. 1396 of 2014 () ------------------------------- CRIME NO. 35/2014 OF VIDYA NAGAR POLICE STATION , KASARGOD PETITIONERS/ACCUSED: ------------------ 1. M.K.ABDUL MUNEER, AGED29YEARS S/O.MOIDEEN, RESIDING AT CHETTUMKUZHI P.O.HRIDAYATH NAGAR, MADHUR VILLAGE KASARGOD TALUK AND DISTRICT.

2. MUSTHAFA T.V., AGED25YEARS S/O.ABDUL KHADER, RESIDING AT CHETTUMKUZHI P.O.HRIDAYATH NAGAR, MADHUR VILLAGE KASARGOD TALUK AND DISTRICT. BY ADVS.SRI.P.V.KUNHIKRISHNAN SRI.P.V.ANOOP RESPONDENT/COMPLAINANT AND STATE: ------------------------------- 1. SUB INSPECTOR OF POLICE VIDYA NAGAR POLICE STATION, KASARAGOD-671123.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3003-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smv THOMAS P. JOSEPH. J.

========================= Bail Application No. 1396 of 2014 ============================ Dated this the 3rd March, 2014 ORDER

Petitioners are accused in Crime No.35 of 2014 of the Vidya Nagar police station for the offences punishable under Secs.323, 324 and 326 r/w. Sec.34 of the Penal Code, apprehend arrest and have filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 14.01.2013 at about 02:00 a.m. the petitioners assaulted the de facto complainant with iron block causing fracture of complete crown. The weapon is not required.

3. Learned counsel submits that the de facto complainant attacked the first petitioner and his mother and have sustained injuries. The first petitioner has filed a private complaint against the de facto complainant. Learned counsel has shown me copy of discharge card of the first petitioner and another which shows that there was B.A No. 1396 of 2014 2 complaint of pain.

4. Having regard to the relevant circumstances, request of the petitioners for pre-arrest bail cannot be allowed. The weapon of offence is also not recovered. But I am inclined to issued directions. Application is disposed of as under:- 1) Petitioners shall surrender before the officer investigating Crime No.35 of 2014 of the Vidya Nagar police station on 10.03.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioners to appear before him on any other date/dates and time which they shall comply. 3) Petitioners shall co-operate with investigation of the case. 4) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day. 5) On such production, it is open to the petitioners to move application for bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance . B.A No. 1396 of 2014 3 6) If custody of the petitioners is required for any purpose, it is open to the investigating officer to move application before the learned magistrate for the purpose. 7) Learned magistrate shall, having regard to all relevant circumstances including whether custody of the petitioner is required for recovery of any material object pass appropriate orders, as early as possible. Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv