Kerala High Court
Unknown vs Jijesh M
Author: M.L.Joseph Francis
Bench: M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
FRIDAY, THE 28TH DAY OF FEBRUARY 2014/9TH PHALGUNA, 1935
Bail Appl..No. 1323 of 2014 ()
-------------------------------
CRL.M.C. 238/2014 of SESSIONS COURT, MANJERI
CRIME NO. 49/2014 OF KOLATHUR POLICE STATION , MALAPPURAM
APPLICANTS /ACCUSED:
-----------------------
1. JIJESH M., AGED 23 YEARS
S/O.MANUKUTTAN, MADANGODE HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
2. NOUFAL MON, AGED 25 YEARS
S/O.HASSANKUTTY, PULIKKAL HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
3. NITHIN.K.P, AGED 23 YEARS
S/O.VELAYUDHAN, MADANGADAN HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
4. ASHIQ.C, AGED 24 YEARS
S/O.ALAVI, CHOLAKKAL HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
5. JAYARAJAN.M, AGED 27 YEARS
S/O.RAMAN, MADANGODE HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
6. JAMSHAD, AGED 24 YEARS
S/O.ABBASS ALIK, ATHIMANNIL HOUSE, P.O.PAYYANAD
MALAMKULAM.
7. SURESH.K.P, AGED 24 YEARS
S/O.RAMAN, MADANGODE HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
8. SANAL.P, AGED 21 YEARS
S/O.ASHRAF, PANACHIKKAL HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
9. MAHROOF.P, AGED 22 YEARS
S/O MUHAMMADALI, PULLIYIL HOUSE, N.S.S.COLLEGE(P.O)
MANJERI, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.VIJAYA BHANU (SR.)
SRI.VIPIN NARAYAN
SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT /COMPLAINANT:
-------------------------------
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
ADDL.R2 IMPLEADED :
2. SUDHEER AHAMMED, AGED 35 YEARS, S/O.ABDURAHIMAN,
VALLANCHIRA HOUSE, PALAKULAM P.O.,
KURUVAMBRAM, MANJERI, MALAPPURAM DIST. (IMPLEADED AS PER
ORDER DATED 28.2.2014 IN CRL.M.A.NO.1985/13)
ADDL R2 BY ADV. SRI.K.M.SATHYANATHA MENON
R1 BY PUBLIC PROSECUTOR SRI.C.RASHEED.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-02-2014, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L.JOSEPH FRANCIS, J.
-----------------------------------------------
Bail Application No.1323 of 2014
-----------------------------------------------
Dated 28th February, 2014
O R D E R
The petitioners are arrayed as accused in Crime No.49/2014 of Kolathur Police Station. The offences alleged against the accused are punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code.
2. The prosecution case is that on 1.2.2014 at about 3.45 p.m., when the defacto complainant after visiting his friend from the hospital was on his way back, while he stopped the car and was about to remove the seat belt near M.E.S. College, Marayur, the petitioners came to the spot and assaulted the defacto complainant and caused injuries on his body with deadly weapons. Upon the statement of the defacto complainant, a crime was registered by the Police under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. It is submitted that the petitioners have not committed any offences as alleged and they apprehend that they will be arrested and harassed by the B.A.No.1323/14 2 Police.
3. The learned Public Prosecutor and the learned counsel for the defacto complainant oppose the anticipatory bail application.
4. Considering the facts and circumstances of the case, I am of the view that arrest and detention of the petitioners is not required for the purpose of investigation. Hence, this Bail Application is allowed. It is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioners are directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioners surrender before the Judicial First Class Magistrate having jurisdiction within 30 days from today, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioners are B.A.No.1323/14 3 directed to appear before the Investigating Officer as and when required.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs (true copy)