This judgment grants anticipatory bail to accused charged with causing grievous hurt via burning and beating under IPC 324/326 r/w 34. The court directs surrender within a week and allows interim bail post-interrogation.
Direction to surrender within one week; after interrogation, production before Magistrate for same-day bail disposal.
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 P.G. AJITHKUMAR
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA,
1943
BAIL APPL. NO. 4596 OF 2021
PETITIONER/ACCUSED NO.1:
ABOOBACKER AGED 57 YEARS S/O. KUNJUMUHAMMED, PUTHUVALASSERI HOUSE, THRIKANAPATHIYARAM DESOM, CHITTANDA VILLAGE, THALAPPILLY TALUK, THRISSUR-680585. BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. P.PARVATHY MANAS P HAMEED
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.
ADV.SMT.SEENA C, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, ALONG WITH BAIL APPLICATION NO.6315 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Bail Appln.Nos 4596 & 6315 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
BAIL APPL. NO. 6315 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1041/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONERS/ACCUSED NO.2 AND 3:
1 MUHAMMED SHAHEEM
AGED 23 YEARS S/O.ABOOBACKER, PUTHUVALASSERI HOUSE, THRIKANAPATHIYARAM DESOM, CHITTANDA VILLAGE, THALAPPILLY TALUK, THRISSUR 680 585
2 MUHAMMED SHAMEEM AGED 21 YEARS S/O.ABOOBACKER, PUTHUVALASSERI HOUSE, THRIKANAPATHIYARAM DESOM, CHITTANDA VILLAGE, THALAPPILLY TALUK, THRISSUR 680 585 BY ADVS. SAIJO HASSAN P.PARVATHY AATHIRA SUNNY NASEEBA K.T. NAZRIN HALLAJ SHILPA M.RAJAN
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31
ADV.SMT.SEENA C, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, ALONG WITH BAIL APPLICATION NO.4596 OF 2021,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Bail Appln.Nos 4596 & 6315 of 2021
P.G. AJITHKUMAR, J.
----------------------------------------------------------Bail Appln Nos.4596 & 6315 of 2021
----------------------------------------------------------Dated this the 13th day of December, 2021
O R D E R
These are applications for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973. Accused No.1 in Crime No.280/2021 of Wadakkanchery Police Station filed bail application No.4596 of 2021. Accused Nos.2 and 3 in that crime filed bail application No.6315 of 2021.
brother of the 1st accused and the defacto complainant on 06.04.2021. In retaliation to that, accused nos.1 to 3 in furtherance of their common intention had assaulted the defacto complainant at about 7.00 p.m on 06.04.2021. The 1st accused splashed boiling oil on the back of the defacto complainant and the 2nd accused beat him using a wooden log at his head. The 3rd accused kicked him. By such acts, the defacto complainant sustained grievous hurt and thereby they have committed the
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Bail Appln.Nos 4596 & 6315 of 2021
offences punishable under Sections 324 and 326 read with 34 of the Indian Penal Code.
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Bail Appln.Nos 4596 & 6315 of 2021
In the circumstances, there shall be a direction to the petitioners to surrender within a week from today to surrender before the investigating officer. In the event of their surrendering before the Investigating Officer, they shall, after interrogation and other necessary formalities of investigation, be produced before
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the Magistrate within the period specified in Section 57 of the Code. If any application for bail is filed on behalf of the accused,
the learned Magistrate shall dispose of the same on the day itself taking into account the observation made above.
Sd/-
P.G. AJITHKUMAR JUDGE
PV
2 issues framed by the court
Whether anticipatory bail should be granted to accused facing charges of voluntarily causing grievous hurt by burning and beating.
Whether investigation can be completed without detaining the accused in custody given the nature of the offense.
3 provisions across 2 enactments
ABOOBACKER
MUHAMMED SHAHEEM
MUHAMMED SHAMEEM
STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
