Allowed

Muhammed Salim M v. State of Kerala

Kerala HC18 Mar 2021Bail Appl./2075/2021

Case brief

AI extract

What is this about?

This court allowed an application for anticipatory bail under Section 438 Cr.P.C. The applicant, charged with offences against police officers, was granted pre-arrest bail subject to surrender within two weeks, execution of a bond with sureties, and conditions not to influence witnesses or flee.

What did the court decide?

Bail application allowed; directed to surrender within two weeks; bond of Rs. 50,000 with two sureties required.

Muhammed Salim M Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

¶5

Bail Appl.No.2075 OF 2021

¶6

CRIME NO.164/2021 OF Thampanoor Police Station , Thiruvananthapuram

¶7

PETITIONER/S:

¶8

MUHAMMED SALIM M., AGED 41 YEARS, 212, M M E MANZIL, PARUTHIKUZHI, THIRUVANANTHAPURAM – 695541.

¶9

BY ADVS. SHRI.THOMAS ABRAHAM SRI.ANIL K.NAIR SRI.R.ANANTHAPADMANABAN SHRI.THAYYIB SHA P.S. SRI.ASWIN.P.JOHN

¶10

RESPONDENT/S:

¶11

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM THROUGH THE STATION HOUSE OFFICER, CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM – 695008.

¶12

R1 BY SRI.SANTHOSH PETER SR PP

¶13

OTHER PRESENT:

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

¶16

Bail Appl.No.2075 OF 2021

¶17

O R D E R

¶18

Dated this the 18th day of March 2021

¶19

This is an application for anticipatory bail under

¶20

Section 438 of the Cr.P.C.

¶21

The applicant is the 1st accused in Crime

¶22

No.164/2021 of Thampanoor Police Station for having

¶23

allegedly committed the offences punishable under Sections 332 and 353 read with Section 34 of the I.P.C.

¶24

and under Section 117(e) of the Kerala Police Act.

¶25

The prosecution case, in brief, is that on

¶26

02.02.2021 at about 10.30 PM, the de facto complainant and other police officials arrested a person from near the KSRTC Terminal at Thampanoor and while doing so, the applicant and other co-accused allegedly intervened and caused hurt to the police officers and deterred

¶27

them from performing their duty as public servants.

¶28

The applicant states that the allegations are

¶29

not true and that he is a law-abiding citizen and he is

¶30

¶31

Bail Appl.No.2075 OF 2021

¶32

not involved in any other criminal cases. He is plying an autorickshaw at the Thampanoor Bus Stand and even subsequent to the alleged incident he has been plying the autorickshaw and has never been apprehended by the police and it is an after-thought that the crime has been registered against him with the intention to incarcerate him.

¶33

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

¶34

The learned Public Prosecutor submits that two

¶35

police officers had sustained contusions on shoulder and knee as a result of being pushed down by the applicant and other co-accused. No weapon admittedly was used against the police. Under the circumstances,

¶36

I find that the applicant is a person having no criminal antecedents, he is willing to cooperate with the investigation and he has not fled from the scene of occurrence, and therefore, he is entitled to a prearrest bail.

¶37

¶38

Bail Appl.No.2075 OF 2021

¶39

Resultantly, the bail application is allowed and

¶40

the applicant is directed to surrender before the investigating officer within two weeks. In the event of arrest, after interrogation, the applicant shall be

¶41

released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two

¶42

solvent sureties for the like amount each, to the

¶43

satisfaction of the investigating officer, and on the following conditions:

¶44

(i) He shall not influence or intimidate witnesses or tamper with evidence;

¶45

(ii) He shall appear before the investigating officer as

¶46

and when called for and shall cooperate with the investigation;

¶47

and

¶48

(iii)During the bail period, he shall not get involved

¶49

in any similar offences.

¶50

In case of breach of the bail conditions, the

¶51

prosecution shall be at liberty to apply for

¶52

Bail Appl.No.2075 OF 2021

¶53

¶54

cancellation of the bail before the jurisdictional

court.

Sd/-

ASHOK MENON

dkr

JUDGE

Muhammed Salim M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Salim M 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

Subhash Vs State of Kerala

Abdul Noushad. K Vs State of Kerala

Purushothaman V.S Vs State of Kerala

Badaruheen Kainikkara Vs State of Kerala

Jamshad K P Vs State of Kerala

Ajith Babu Vs State of Kerala