High Court of Kerala granted anticipatory bail to five accused facing charges of assault and affray. The court noted the weapon was a stone and injuries were not severe, allowing bail with surrender directives and bonds.
Application allowed; applicants directed to surrender within two weeks; released on bail on execution of bonds for Rs. 50,000 each with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
Bail Appl..No.107 OF 2021
CRIME NO.49/2019 OF Ponnani Police Station, Malappuram
PETITIONER/S:
1 FAROOK AGED 33 YEARS MARAKKARUPURAKKAL HOUSE, KOOTTAYI P.O., MALAPPURAM DISTRICT 676562
2 ABID AGED 34 YEARS MARAKKARUPURAKKAL HOUSE, KOOTTAYI P.O.,MALAPPURAM DISTRICT 676562
3 NIMSHAD AGED 31 YEARS MARAKKARUPURAKKAL HOUSE, KOOTTAYI P.O., MALAPPURAM DISTRICT 676562
4 ALI ASKAR AGED 32 YEARS MARAKKARUPURAKKAL HOUSE, KOOTTAYI P.O., MALAPPURAM DISTRICT 676562
5 IRSHAD P T AGED 33 YEARS PONNAM THARAYIL HOUSE, KOOTTAYI P.O., MALAPPURAM DISTRICT 676562
BY ADV. SHRI.SUSANTH SHAJI
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Bail Appl..No.107 OF 2021
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031 2 SUB INSPECTOR OF POLICE PONNANI POLICE STATION, PONNANI, MALAPPURAM DISTRICT 679584
R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No.107 OF 2021
ORDER
Dated this the 21st day of January 2021
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
The applicants are accused Nos.2 to 6 in Crime No.49/2019 of Ponnani Police Station, Malappuram, for having allegedly committed offences punishable under Sections 143, 147, 148, 324, 332, 353, 308 r/w Section 149 of the IPC.
some others, who were members of an unlawful assembly and in prosecution of the common object of the said unlawful assembly, they attacked the de facto complainant who was salesman at the Beverages Corporation outlet at C.V junction, Ponnani, for not serving them liquor beyond the stipulated time and he was assaulted and hit with
Bail Appl..No.107 OF 2021
4
a stone, as a result of which he sustained
injuries and was deterred from performing his duty as a public servant.
and they have not been apprehended. They are willing to co-operate with the investigation, and they do not have any criminal antecedents,
therefore seek pre-arrest bail.
applicants and the learned Public Prosecutor.
applicants was stone and not any conventional weapon. The injury sustained by the de facto complainant is not very serious, grave or life threatening. The applicants are willing to cooperate with the investigation, I find no reason
why they should be subjected to custodial
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Bail Appl..No.107 OF 2021
interrogation.
and the applicants are directed to surrender
before the investigating officer within two weeks, and after interrogation in the event of their being arrested, they shall be released on bail on execution of bonds for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties for the like amount each to the satisfaction of the investigating officer and on the following conditions;
influence or intimidate witnesses.
ii. They shall appear before the
investigating officer as and when called for.
iii. They shall not get involved in similar
offences during the bail period.
In the event of violating the bail conditions,
the prosecution shall be at liberty to apply for
Bail Appl..No.107 OF 2021
6
cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDGE
SPK
2 issues framed by the court
Whether anticipatory bail should be granted on the facts of alleged unlawful assembly and assault.
Whether the nature of injury and weapon used warrants custodial interrogation.
2 provisions across 2 enactments
FAROOK
ABID
NIMSHAD
ALI ASKAR
IRSHAD P T
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
