Kerala High Court
Mohammed Ajmal vs State Of Kerala on 2 September, 2022
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
BAIL APPL. NO. 6092 OF 2022
CRIME NO.431/2022 OF KOLATHUR POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED NOS. 2 & 3:
1 MOHAMMED AJMAL, AGED 22 YEARS
S/O ASHRAF, PARAMBAN HOUSE,
PADINJATTUMURI, PANG,
MALAPPURAM DISTRICT, PIN - 679 338.
2 MOHAMMED SHAKIR N.K,
AGED 21 YEARS,
S/O MOHAMMED ASHRAF KURIKKAL, KURIKKAL HOUSE,
KOLATHUR PO, MOORKANAD,
MALAPPURAM DISTRICT-, PIN - 679 338.
BY ADVS.
P.SAMSUDIN
MILAN RACHEL MATHEW
LIRA A.B.
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADV PUBLIC PROSECUTOR NOUSHAD K.A.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 6092/2022
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No. 6092 of 2022
.....................................
Dated this the 2 nd day of September, 2022
ORDER
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are the 2 nd and 3 accused in Crime No.431 of 2022 of Kolathur Police Station, Malappuram District, registered for the offences punishable under Sections 341, 354A(1)(iii), Section 506 r/w Section 34 of the Indian Penal Code, 1860 and also under Sections 11, 12, 16(1) and 17 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that, the petitioners had waylaid the victim on her way to school and showed an obscene video, and threatened to morph her in an obscene manner to be published on social media, if the victim does not keep in touch with the first accused and thereby committed the offences alleged.
4. Sri.P.Samsudin, the learned counsel for the petitioners, BAIL APPL. NO. 6092/2022 3 submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred.
5. Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioners are alleged to have committed a serious offence, which requires custodial interrogation.
6. Though the allegations raised against the petitioners are serious in nature, I am of the view that the limited custody of the petitioners would suffice the purpose of investigation. Therefore, the petitioners are entitled to be released on bail in the event of their arrest on conditions.
7. Accordingly, this application is allowed on the following conditions:
(a) Petitioners shall appear before the Investigating Officer on 13.09.2022 and shall subject themselves to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the BAIL APPL. NO. 6092/2022 4 Investigating Officer.
(c) Petitioners shall appear before the Investigating Officer as and when required and shall also co-
operate with the investigation.
(d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(e) Petitioners shall not commit any similar offences while they are on bail.
8. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS JUDGE AMV/02/09/2022