Dismissed

Muhammed Faisal v. the Sub Inspector of Police

Kerala HC6 Dec 2013Bail Appl./7995/2013

Case brief

AI extract

What is this about?

Single judge Bench dismissed an application for anticipatory bail granted to three accused persons charged with assault, hurt, and public scandal. The court denied relief due to the severity of injuries caused, the public nature of the alleged assault, opposition by the Public Prosecutor, and lack of recovery of the weapon.

What did the court decide?

N/A; anticipatory bail application dismissed with direction to surrender.

Muhammed Faisal Vs the Sub Inspector of Police — Bail and Remand | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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FRIDAY, THE 6TH DAY OF DECEMBER 2013/15TH AGRAHAYANA, 1935

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Bail Appl..No. 7995 of 2013 (E)

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[CRIME NO. 507/2013 OF THE NALLALAM POLICE STATION , KOZHIKODE DISTRICT]

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PETITIONERS/ACCUSED NOS.1 TO 3:

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1. MUHAMMED FAISAL,

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S/O. ABDUL GAFOOR,AGED 37 YEARS,

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KUWAIT HOUSE, P.O.OLAVANNA,

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OLAVANNA AMSOM, DESOM, KOZHIKODE DISTRICT.

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2. K.P.RAZAK,

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S/O. ABDUL GAFOOR, AGED 32 YEARS,

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KUWAIT HOUSE, P.O.OLAVANNA,

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OLAVANNA AMSOM, DESOM, KOZHIKODE DISTRICT.

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3. RASHEED .P.,

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S/O. ABOOBACKER, AGED 36 YEARS,

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POOLAKKAL HOUSE, P.O.OLAVANNA,

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OLAVANNA AMSOM, DESOM, KOZHIKODE TALUK.

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BY ADV. SRI.SUNNY MATHEW.

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RESPONDENTS/COMPLAINANT AND STATE :

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1. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE DISTRICT - 673 001.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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BY PUBLIC PROSECUTOR SMT. LALIZA.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Prv.

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THOMAS P. JOSEPH, J.

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========================= Bail Application No.7995 of 2013 ============================ Dated this the 6^th day of December, 2013

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O R D E R

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Petitioners are accused, in Crime No.507 of 2013 of the Nallalam police station for the offences punishable under Secs.341, 323,326 and 294(b) r/w. Sec.34 of the Penal Code, apprehend arrest and have filed this application.

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Learned Public Prosecutor has opposed the application. It is submitted that on 18.10.2013 at about 08:00 p.m. the petitioners, in furtherance of their common intention caused hurt/grievous hurt to the de facto complainant with an iron pipe, causing fracture of his right hand. The first petitioner is said to have used the iron pipe. It is submitted that the first petitioner is also involved in Crime No. 515 of 2013 of the same station for the offences under Secs.448, 427 and 506(i) r/w. Sec.34 of the Penal Code. Whether petitioner 2 and 3 are involved in that case or any other case is required to be enquired into. The iron pipe is not so far recovered.

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Learned counsel submits that the de facto complainant is involved in several cases of chain snatching for offence punishable under Sec.392 of the Penal Code. It is also submitted that it is not

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B.A No. 7995 of 2013

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likely that if de facto complainant is assaulted with iron pipe fracture of distal end of the metacarpal as happened in this case alone would happen.

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Learned Public Prosecutor has given to me the CD file which states that the petitioners have (allegedly) attacked the de facto complainant at a public place in the midst of the public.

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Having regard to the above circumstances, request for anticipatory bail cannot be allowed. Petitioners if so advised can surrender before the officer investigating the case and if that happens and the petitioners are arrested, they shall be produced before the jurisdictional magistrate as early as possible.

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Application is disposed of with the above direction.

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Sd/-

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THOMAS P.JOSEPH, JUDGE

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//true copy//

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P.A. to Judge

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Smv

Muhammed Faisal v. the Sub Inspector of Police

Case brief

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Muhammed Faisal v. the Sub Inspector of Police

Case brief

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