Kerala High Court
Anshad vs State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
BAIL APPL. NO. 4918 OF 2023
CRIME NO.541/2023 OF Nooranadu Police Station, Alappuzha
PETITIONER/ACCUSED:
ANSHAD
AGED 29 YEARS
S/O.ASHRAF, MANALADI KIZHAKKETHIL VEETTIL,
ADIKATTUKULANGARA, PALEMEL ALAPPUZHA DISTRICT., PIN -
690504
BY ADVS.
NIREESH MATHEW
VIVEK VENUGOPAL
BABU JOSE
SEBIN SEBASTIAN
GAJENDRA SINGH RAJPUROHIT
DEVAN N.R
MATHEW JACOB
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 MUHAMMED RAFI ( SOUGHT TO BE IMPLEADED )
S/O.KUNJUMON, KODAMPARAMBIL HOUSE, ULAVUKADU MURI,
PALAMEL, ALAPPUZHA DISTRICT. ( SOUGHT TO BE IMPLEADED )
BY ADVS.
R1 BY SMT.SREEJA V., PUBLIC PROSECUTOR
R2 BY GEORGE V. PAUL
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
B.A No. 4918 of 2023
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No. 541/2023 of Nooranadu Police Station. The crime was registered for the offences punishable under Sections 323, 294(b) and 324, 308, read with Section 34 of the Indian Penal Code.
3. The prosecution case is that, on 14.06.2023, at about 9.30 p.m, due to enmity of the 2nd accused towards the defacto complainant for sharing a post in Facebook in connection with the rape case of the 2 nd accused, assaulted the defacto complainant. It is alleged that, the 1 st accused hit him with a Bolero car bearing registration No. KL-28/B-2525, thereafter, the 2nd accused kicked him and abused him. The 3 rd accused attempted to attack him with a stone on his head which hit on his ear. The crime was registered in such circumstances, as part of the investigation, the petitioner was arrested on 15.06.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
4. Heard, Sri. Nireesh Mathew, the learned counsel appearing for the petitioner, Smt.Sreeja V, the learned Public Prosecutor, appearing for the State and Sri.George V Paul, the learned counsel appearing for the defacto complainant.
3B.A No. 4918 of 2023
5. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations and he was falsely implicated in the said case. Besides the same, it is pointed out that the defacto complainant does not have any subsisting grievance against the petitioner and all the disputes between the petitioner and the defacto complainant were settled.
6. The learned counsel appearing for the defacto complainant also confirms the aforesaid settlement and places reliance upon the affidavit filed by the defacto complainant along with his application for impleading as Annexure R2(a).
7. The learned Public Prosecutor, after getting instructions, confirms that the matter was settled between the petitioner and the defacto complainant. However, it is pointed out by the learned Public Prosecutor that the petitioner was involved in another crime which was registered for the offences punishable under Sections 376(2) of the Indian Penal Code.
8. I have gone through the records. It is true that, there are allegations against the petitioner, but the fact remains that the matter is reportedly settled between the parties, and it is confirmed by the learned counsel for the defacto complainant as well as the learned Public Prosecutor. In such circumstances, taking note of the period of detention the petitioner had undergone and the other relevant aspects, I am of the 4 B.A No. 4918 of 2023 view that there is no purpose in keeping the petitioner under judicial detention.
In such circumstances, the application is allowed on the following conditions:-
i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.
ii) The petitioner shall fully cooperate with the investigation.
iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.
iv) The petitioner shall also appear before the Investigating Officer as and when required by him.
v) The petitioner shall not commit any offence of similar nature while on bail.
vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
vii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.5
B.A No. 4918 of 2023
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 6 B.A No. 4918 of 2023 APPENDIX OF BAIL APPL. 4918/2023 PETITIONER'S ANNEXURES Annexure1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.
541/2023 DATED 15.06.2023 OF NOORANADU POLICE STATION, ALAPPUZHA DISTRICT Annexure2 TRUE PHOTOCOPY OF THE REMAND REPORT FILED BY THE INVESTIGATING OFFICER IN CRIME NO.541/2023 OF NOORANADU POLICE STATION DATED 16.06.2023.
Annexure3 TRUE PHOTOCOPY OF THE FIR IN CRIME DATED 545/2023 DATED 16.06.2023 OF NOORANADU POLICE STATION Annexure4 TRUE PHOTOCOPY OF THE ORDER DATED 09.05.2023 IN B.A.NO.3674/2023 RESPONDENT ANNEXURES Annexure R2(a) TRUE PHOTOCOPY OF THE SAID AFFIDAVIT DATED 22.06.2023 SWORN TO BY THE DEFACTO COMPLAINANT