Kerala High Court
Siyad vs State Of Kerala on 16 September, 2021
Author: V Shircy
Bench: V Shircy
BAIL APPL. NO. 6999 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
BAIL APPL. NO. 6999 OF 2021
CRIME NO.434/2021 OF Cherthala Police Station, Alappuzha
PETITIONER/CCUSED:
1 SIYAD
AGED 36 YEARS
SON OF ASHARAF, DHARUL MADEENA VEEDU, VADUTHALA JETTY
P.O, AROOKUTTY, ALAPUZHA., PIN - 688535
2 ANWAR AMEEN
AGED 24 YEARS
SON OF ZAKEER HUSSAIN, AMINA MANZIL, VAYALAR P.O,
ALAPUZHA DISTRICT.
BY ADV E.A.HARIS
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR SRI. MANU P.G
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6999 OF 2021 2
ORDER
Application for regular bail.
2. The petitioners are the accused Nos.11 and 24 in Crime No.434 of 2021 of Cherthala Police Station, Alappuzha District registered for the offences punishable under Sections 143, 147, 148, 120(B), 94(B), 341, 324, 326, 307 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution allegation is as follows:
These petitioners are members of SDPI. The deceased was a member of BJP. There exists political rivalry between two groups. These petitioners along with the other accused owing to their political enmity towards the deceased and his party, on 24.02.2021 formed an unlawful assembly, armed with deadly weapons with the intention to commit murder of the deceased and attacked him as well as his friends with deadly weapons and inflicted fatal injuries on the head of the deceased. His friends also sustained grievous injuries in the attack, due to political rivalry. Thereby, they have committed the aforesaid offences.
4. Heard the learned counsel for the petitioners as well the learned Public Prosecutor.
BAIL APPL. NO. 6999 OF 2021 3
5. According to the learned counsel for the petitioners they have not committed any offence as alleged by the prosecution. But they have been falsely implicated in the case due to the political rivalry. It is also pointed out by the learned counsel that out of the 40 accused persons, 33 persons had already been granted bail. It is also pointed out that the investigation of the case is over and charge sheet has been filed on 24.5.2021.
6. As revealed from the records available before me, regular bail has been granted by this court to most of the accused persons apprehended by the investigating agency. All the weapons alleged to have been used by the assailants to cause murder of Nandu R Krishna as well to cause injuries to his friends have already been recovered by the investigating agency. As the investigation of the case is complete and split charge sheet has been laid down as far as the accused arrested are concerned and regular bail has been granted to most of the accused apprehended by the investigating agency, continued detention of these petitioners may not be necessary for investigating agency. Therefore, considering the period of detention undergone by them in judicial custody as well as the facts and circumstances involved, I am inclined to release them on bail subject to the following conditions:
(i) The petitioners shall be released on bail on each of them executing BAIL APPL. NO. 6999 OF 2021 4 bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) 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.
(iii) The petitioners shall not commit any offence while on bail.
Sd/-
SHIRCY V. JUDGE smm