Dismissed

Hashim Thangal @ Saidu Muhammed Hashim Thangal v. State of Kerala

Kerala HC8 Nov 2017Bail Appl./6104/2017

Case brief

AI extract

What is this about?

This bail application for pre-arrest bail was dismissed. The Court refused bail due to the gravity of allegations involving murder attempt and rioting, severity of injuries, and the petitioner's bad antecedents, directing surrender instead.

What did the court decide?

Bail application dismissed. Petitioner directed to surrender to investigating officer within ten days for further proceedings.

Hashim Thangal @ Saidu Muhammed Hashim Thangal Vs State of… — Bail and Remand | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

WEDNESDAY, THE 8TH DAY OF NOVEMBER 2017/17TH KARTHIKA, 1939

¶5

Bail Appl..No. 6104 of 2017 ()

¶6

CRIME NO. 418/2017 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT

¶7

PETITIONER/4TH ACCUSED:

¶8

HASHIM THANGAL @ SAIDU MUHAMMED HASHIM THANGAL S/O.AFTHA KOYA THANGAL AGED 25 YEARS, VALLAPUZHA, PATTAMBI, PALAKKAD DISTRICT

¶9

BY ADV. SRI.P.M.HABEEB

¶10

RESPONDENT :

¶11

STATE OF KERALA PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM (REPRESENTED BY SI PATTAMBI POLICE STATION, PALAKKAD, DIST 682 031

¶12

BY PUBLIC PROSECUTOR SRI.S. SAJJU

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

RAJA VIJAYARAGHAVAN V., J

¶16

B.A. No.6104 of 2017

¶17

Dated this the 8^th day of November, 2017

¶18

O R D E R

¶19

~~~~~~

¶20

1.This application for pre-arrest bail is preferred by the 4^th

¶21

accused in Crime No.418 of 2017 of Pattambi Police Station registered alleging offence punishable under Sections 341, 323, 324, 427, 307 read with Section 34 of the IPC.

¶22

2.The victim Abdul Rashid was a DYFI activist and the sworn enemy of the petitioner and the other accused, who are SDPI activists. With intent to murder the aforesaid Abdul Rashid, the petitioner and the co-accused formed themselves into an unlawful assembly and committed the offence of rioting armed with deadly weapons and thereafter wrongly restrained the victim and inflicted several cut injuries on his head and other vital parts of his body.

¶23

BA.No.6104/2017

¶24

¶25

3.Heard.

¶26

4.The learned counsel prays and the learned Public Prosecutor has strongly opposed the prayer. The severity of the injuries sustained by the victim is highlighted by the learned public prosecutor. He also submits that the petitioner is a person with bad antecedents.

¶27

5.After considering the nature and gravity of the allegations, the severity of injuries inflicted on the victim and other facts and circumstances, it does not appear to me that this is a fit case where this Court will be justified in granting pre-arrest bail to the petitioner herein.

¶28

6.At this stage, the learned counsel prays that an opportunity be granted to the petitioner to surrender before the investigating officer and to co-operate with the investigation. If the petitioner is so advised, he may surrender before the investigating officer, within ten days from today. If he so surrenders, he shall be interrogated

¶29

BA.No.6104/2017

¶30

¶31

and shall be produced before the court having jurisdiction on the same day itself. If an application for bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.

¶32

Sd/RAJA VIJAYARAGHAVAN V., JUDGE

¶33

ps/8/11/2017

Hashim Thangal @ Saidu Muhammed Hashim Thangal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Hashim Thangal @ Saidu Muhammed Hashim Thangal v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.a.Joshy Vs State of Kerala

Muhammed Hussain Vs State of Kerala

Balagopal Vs State of Kerala

Mohammed Thanzeel T.S. Vs State of Kerala

Dr. Anilkumar Vs State of Kerala

Pramod D. Vs the State of Kerala