Dismissed

Abdul Salam v. State of Kerala

Kerala HC31 Aug 2016Bail Appl./4800/2016

Case brief

AI extract

What is this about?

In a bail application concerning a death allegedly caused by pushing, the High Court refused pre-arrest bail to the first accused. The court held that interrogation in custody was necessary to determine the exact cause of death and rule out influence on witnesses.

What did the court decide?

Bail application for pre-arrest bail is dismissed as interrogation in custody is essential to ascertain the exact manner of death.

Abdul Salam 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 P.UBAID

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WEDNESDAY, THE 31ST DAY OF AUGUST 2016/9TH BHADRA, 1938

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Bail Appl..No. 4800 of 2016

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CRIME NO. 161/2016 OF WANDOOR POLICE STATION, MALAPPURAM

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PETITIONER(S)/1ST ACCUSED:

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ABDUL SALAM, AGED 48 YEARS, S/O. LATE MAMMED, ARANJIKKAL HOUSE, PATHAPPIRIYAM P.O., MALAPPURAM.

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BY ADVS.SRI.M.K.DAMODARAN (SR.) SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.J.VIMAL SRI.ANTONY ROBERT DIAS SRI.NISHIL.P.S.

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RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, (CRIME NO. 161/2016 OF WANDOR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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ADDITIONAL R2 IMPLEADED

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2. SAJNA P.V., W/O.LATE K.V.ABDUL GAFOOR @ KUNHIPPA, AGED 38 YEARS, KALLUVETTU KUZHIYIL HOUSE, CHERUMANNU, EDAVANNA (PO), MALAPPURAM DISTRICT.

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*** ADDL R2 IMPLEADED AS PER ORDER DTD.31.8.2016 IN IA.6621/2016**

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R1 BY DIRECTOR GENERAL OF PROSECUTION SRI.C.SREEDHARAN NAIR R2 BY ADV. SRI.T.K.AJITH KUMAR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

msv/

P. UBAID, J

B.A.No.4800 of 2016

Dated this the 31^st day of August, 2016

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O R D E R

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The petitioner herein is the 1^st accused in Crime No.161/2016 of the Wandoor Police Station, involving the offence under Section 304 read with 34 IPC. The crime was initially registered under Section 174 Cr.P.C. The petitioner seeks pre-arrest bail on the apprehension of arrest by the police. The 2^nd accused is a lady. She was granted pre-arrest bail by the Court of Session, Manjeri, on 15.07.2016.

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This crime relates to the suspicious death of one Abdul Gafoor, on 30.04.2016. The things revealed by the prosecution records are as follows: Deceased Abdul Gafoor, the petitioner herein, and two ladies had an unholy union at the farm house of the deceased, on 30.04.2016. After dinner, they all consumed liquor, and before going to bed, the deceased had sex with one of the ladies. She is the 2^nd accused. Her daughter aged 14 years was also there at the farm house, at that time. The deceased wanted sex once more with the other lady, but by that time she had gone to sleep. Then he made

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B.A.Nos.4800 of 2016

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an attempt on the minor daughter of the 2^nd accused. This led to a feud and tussle wherein the petitioner herein intervened and pushed Abdul Gafoor down, due to which the deceased sustained an injury on the head. The prosecution would allege that Abdul Gafoor died due to this head injury, when the petitioner would allege that it was quite an accidental death. In fact, it is a matter for probe and thorough investigation as

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to how Abdul Gafoor died, or whether this is in fact a case of culpable homicide not amounting to murder. In the present circumstances where thorough probe is required to unearth the real facts concerning the exact cause of death, it would be unsafe, inappropriate, and unjust to grant pre-arrest bail to the petitioner. He will have to be interrogated in custody by the police.

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On post mortem examination, the doctor noticed a head injury, but the doctor reserved his opinion as to cause of death. Now, the report submitted by the Deputy Superintendent of Police, who is in charge of investigation, indicates that the report of pathological examination shows that Abdul Gafoor died due to coronary artery decease caused by the injury sustained on the head. Whether it was

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B.A.Nos.4800 of 2016

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accidental, or voluntarily caused by the petitioner herein, must be found out by investigation. Thus, it is a matter to be probed into whether the death of Abdul Gafoor was voluntarily or otherwise caused by the petitioner herein. That the deceased was pushed down by the petitioner, due to which he sustained an injury on the head is revealed by the prosecution records. Interrogation of the petitioner for the collection of some materials concerning the exact way and circumstance in which the deceased sustained injury on his head, the exact nature and consequence of injury, the complicity of each of the accused, etc., is felt necessary. Without such interrogation, investigation cannot be completed. In the above factual situation, where interrogation is absolutely necessary, and where the court also finds the possibility of the petitioner trying to influence, or intimidate, or win over the material witnesses, I feel it inappropriate to release him on bail.

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In the result, this application for pre-arrest bail is dismissed.

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// True Copy // P.A. to Judge

Abdul Salam v. State of Kerala

Case brief

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Abdul Salam v. State of Kerala

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