Kerala High Court
Raheem K.K vs State Of Kerala on 27 October, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 27TH DAY OF OCTOBER 2016/5TH KARTHIKA, 1938
Bail Appl..No. 7166 of 2016 ()
-------------------------------
CRIME NO. 582/2016 OF NADAPURAM POLICE STATION.
......
PETITIONERS/ACCUSED NOS. 1, 2, 3 AND 5:
----------------------------------------------------------------
1. RAHEEM K.K.,
AGED:27 YEARS, S/O KUNHABDULLA,
KUNINGAD POST, PURAMERI-673 503.
2. MUHAMMED FAZIL.
AGED: 18 YEARS, S/O POKKER,
KUNINGAD POST, PURAMERI-673 503.
3. MUHAMMED ASIF,
AGED: 21 YEARS, S/O MOOSSA,
VENGOILI THAZHEKUNI,
KUNINGAD POST, PURAMERI-673 503.
4. ADINAL,
AGED:18 YEARS,. S/O ASHRAF,
MEETHALEPARAMBATH, NADAPURAM POST,
VADAKARA.
BY ADVS.SRI.A.RANJITH NARAYANAN,
SMT.A.SIMI.
RESPONDENT(S):
---------------------------
STATE OF KERALA,
REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031,
REPRESENTING THE S.I. OF POLICE,
NADAPURAM POLICE STATION.
BY PUBLIC PROSECUTOR SRI.SAJJU. S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27-10-2016, ALONG WITH BA. 7548 OF 2016, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.UBAID,J.
-----------------------------------------
B.A Nos.7166 & 7548 of 2016
------------------------------------------
Dated this the 27th day of October, 2016
O R D E R
The petitioner in B.A No.7548/2016 is the first accused in Crime No.582/2016 of the Nadapuram Police Station and the petitioners in B.A No.7166/2016 are the accused Nos.1, 2, 3 and 5 in the said crime. When B.A No.7548/2016 is an application for regular bail, the other is an application for pre arrest bail. Though the first accused also joined the others to seek pre arrest bail, he was arrested by the police pending the application, and thus came his application B.A No.7548/2016 for regular bail. Thus practically the applicants in B.A No.7166/2016 are the accused Nos.2, 3 and 5.
2. The prosecution case is that at about 5 pm., on 13.8.2016 a gang of persons including these petitioners assaulted the defacto complainant and inflicted injuries on his body with a stick with the knowledge of consequence that such injuries may cause death. The complaint shows that the injuries were in fact inflicted by the first accused. Anyway, on a perusal of the materials I find nothing to show that the complainant had B.A Nos.7166 & 7548 of 2016 2 sustained any serious injury in the alleged incident. It appears that Section 308 IPC was incorporated by the police on the basis of some hypothetical statement. Such an allegation is not seen substantiated by any material. What is at the most revealed is an instance of assault with weapon, punishable under Section 324 IPC. Anyway, on a perusal of the materials I find that investigation is practically over. In the above circumstances the accused can be granted bail on conditions.
In the result, both these applications are allowed. The petitioner in B.A No.7548/2016 will be released on bail on his executing a bond with two solvent sureties for 50,000/- (Rupees fifty thousand only) each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Investigating Officer between 10.00 am and 11 am on all Wednesdays for a period of two months.
b. The petitioner shall not leave the limits of Nadapuram Police Station for two months.
c. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not B.A Nos.7166 & 7548 of 2016 3 have any contact with the material witnesses directly or over telephone or otherwise.
The petitioners 2 to 4 who are the accused Nos.2, 3 and 5 in B.A No.7166/2016 are ordered to be released on bail, in case of their arrest in connection with the above crime, on their executing bond with two solvent sureties for 40,000/- (Rupees forty thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, as the case may be. Bail is granted on condition that
a) The petitioners shall report before the investigating officer between 10 am. and 11 am on all Wednesdays for a period of two months.
b) The petitioners shall not leave the limits of Nadapuram Police Station for a period of two months.
c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.
Sd/-
P.UBAID
JUDGE
ab //True Copy//