Allowed

Afsal v. State of Kerala

Kerala HC16 Mar 2016Bail Appl./1182/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application filed by petitioners accused of offences under Sections 143, 147, 148, 341, 294(b), 324 and 326 read with Section 149 of IPC. Considering the applicants were students with no criminal antecedents and one had sustained serious injuries, bail was granted subject to standard conditions.

What did the court decide?

Petitioners released on bail after interrogation by executing a bond for 25,000/- each with two solvent sureties each for the like sum if arrested, subject to specific conditions.

Afsal Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2016)

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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 RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 16TH DAY OF MARCH 2016/26TH PHALGUNA, 1937

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Bail Appl..No. 1182 of 2016 ()

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------------------------------CRIME NO. 39/2016 OF PARIPPALLY POLICE STATION , KOLLAM DISTRICT

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PETITIONER(S)/ACCUSED NO.1 ,3,.5,& 6:

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1. AFSAL, S/O. RAHIM,AGED 20 YEARS, THANOOJA COTTAGE, JAWAHAR JUNCTION, PARIPPALLY(P.O), KOLLAM DISTRICT.

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2. KANNAN,S/O. ASHOKAN, AGED 20 YEARS, ASHOK BHAVAN, KADUMPATTUKONAM, PARIPPALLY (P.O), KOLLAM DISTRICT.

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3. VIPIN, AGED 19 YEARS, NEEROATHIYIL PUTHENVEEDU, CHAVARCODE P.O,

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KOLLAM.

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4. ANANTHU, S/O. SUDARSAN, AGED 19 YEARS, ISWARYA, PARIPPALLY, KOLLAM DISTRICT

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BY ADV. SRI.THYPARAMBIL THOMAS THOMAS

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RESPONDENT :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. V.H.JASMINE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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RAJA VIJAYARAGHAVAN.V., J

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B.A.1182 of 2016

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- - - - Dated 16^th March, 2016

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ORDER

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1.This application is filed under Section 438 of the

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Code of Criminal Procedure seeking pre arrest bail.

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2.The petitioners herein are accused Nos.1, 3, 5 and 6 in crime No.39 of 2016 of Parippally police station. The said crime is registered for offences punishable under Section 143, 147, 148, 341, 294 (b), 324 and 326 read with Section 149 of the IPC.

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3.The crux of the prosecution allegation is that the petitioners herein formed themselves into an unlawful assembly armed with deadly weapons and in furtherance of their common object forcibly stopped the motor cycle of the de facto complainant at Kattadimuddu on 1.1.2016 and the 1^st accused is alleged to have hit on the face with an iron pipe causing loss of a tooth from the lower jaw and

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B.A.1182/16

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fracture to the nasal bone and the 2^nd accused is alleged to have dealt a blow with an iron pipe .

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4.I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.

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5.According to the learned counsel, the petitioners are students studying in various institutions and of young age. While they were celebrating New year, certain persons of the locality had assaulted them with iron rods and the 1^st petitioner had sustained serious injuries . Referring to Annexure A Discharge summary, it is contended by the learned counsel that the 1^st petitioner had suffered a fracture to the right occipital bone, right cerebral haemmorragic contusion and also grade 3 liver injury in addition to other injuries. He has since been discharged and still undergoing treatment. It is further submitted that the 3^rd accused was a juvenile in conflict with law and relief was granted to him by the learned

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Sessions Judge.

6.The learned Public Prosecutor would submit that the 1^st petitioner was armed with an iron rod and it was the 1^st petitioner who had assaulted the de facto complainant and caused serious injuries. It is submitted that the de facto complainant and his fellowmen have been arrayed as accused in crime No.40 of 2016 of Parippally police station and they have been enlarged on bail.

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7.Taking note of the fact that the petitioners have no criminal antecedents and also the fact that the 1^st petitioner had sustained serious injuries in the same incident, and the attendant facts and circumstances, I am of the considered view that this petition can be allowed subject to conditions:

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i). The petitioners shall be released on bail after interrogation on their

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B.A.1182/16

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executing a bond for 25,000/- each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

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ii). The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. iii). The petitioners shall make themselves available for interrogation as and when required by the investigating officer.

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iv). The petitioners shall not influence or intimidate the prosecution witnesses or attempt to tamper with the evidence for the prosecution.

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v). The petitioners shall not commit any similar offence while on bail.

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vi). The petitioner shall not leave India without the previous permission of the jurisdictional magistrate.

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vii). In case of violation of any of the above conditions, the jurisdictional

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magistrate shall be empowered to cancel the bail in accordance with law.

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This application is allowed as above.

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Sd/RAJA VIJAYARAGHAVAN.V. Judge

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Mrcs/16.3.2016

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//True Copy//

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P.S.To Judge

Afsal v. State of Kerala

Case brief

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Afsal v. State of Kerala

Case brief

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