Dismissed

Abdusamad P.P. v. State of Kerala

Kerala HC23 Jun 2010Bail Appl./1991/2010

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC for offences under the Indian Penal Code involving an unlawful assembly and assault, the High Court of Kerala rejected the petition, holding it was not a fit case for anticipatory bail as it involved mutual fighting between rival groups with injuries sustained on both sides.

What did the court decide?

Anticipatory bail was rejected and the petition was dismissed.

Abdusamad P.P. Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MRS. JUSTICE K.HEMA

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WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932

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Bail Appl..No. 1991 of 2010() -----------------------------------------(CRIME NO.252 OF 2010 OF TALIPARAMBA POLICE STATION, KANNUR) ....

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PETITIONERS/ACCUSED NOS.1 & 2: --------------------------------------------------------1. ABDUSAMAD.P.P., S/O.IBRAHIM MUSALIYAR, AGED 36 YEARS, PANICKERAKATH, MORAZHA AMSOM, KADAMBERI, P.O.KANNOOL, TALIPARAMBA.

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2. MOHAMMED MANZOOR.P.P., AGED 25 YEARS, S/O.RAMSAN FAIZY, MORAZHA AMSOM, KADAMBERI, P.O.KANNOOL, TALIPARAMBA.

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BY ADV. SRI.P.M.HABEEB

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RESPONDENT(S): STATE: ---------------------------------------

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, (CRIME NO.252 OF 2010).

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BY PUBLIC PROSECUTOR SRI. T. TEKCHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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K.HEMA, J.

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B.A. No. 1991 of 2010

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Dated this the 23^rd day of May, 2010

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O R D E R

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This petition is for anticipatory bail.

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The alleged offences are under Sections 143, 147,

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148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, on 20.03.2010 de facto complainant's brother's autorickshaw was damaged by workers of IUML and on knowing this, de facto complainant, along with ten others went to the said place, but assailants had already left. While they were returning, at about 8.30 P.M., petitioners(A1 and

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A2) along with 50 others formed into an unlawful assembly, armed with deadly weapons like reapers stick, and they assaulted de facto complainant and others. Three persons sustained injuries.

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Learned counsel for petitioner submitted that in connection with the same incident four crimes were registered against the two rival groups. According to prosecution version itself, the reason for the commission of offences is that the auto

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B.A. No. 1991 of 2010 2

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rickshaw was damaged. But, according to the de facto complainant himself, assailants were not seen at the place and hence the allegation made against petitioners is highly improbable, it is submitted.

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Learned Public Prosecutor submitted that a mob consisting of 50 persons attacked de facto complainant and three persons are injured in the incident. Reapers and sticks were used for the offence and those are to be recovered. Since all the assailants together attacked, it is not specifically stated as who exactly inflicted injuries etc. Considering the various facts and circumstances, I do not think that this is a fit case to grant anticipatory bail. No ground is made out to grant anticipatory bail. It only appears that two groups were engaged in fighting

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against each other and both sides sustained injuries.

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This petition is dismissed.

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K. HEMA, JUDGE

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Abdusamad P.P. v. State of Kerala

Case brief

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Abdusamad P.P. v. State of Kerala

Case brief

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