This judgment dismisses a pre-arrest bail application filed by the fourth accused in an attempted murder case involving a joint attack with intent to cause death. The court rejected the plea of false implication, noting specific allegations of active participation with a deadly weapon and serious injuries.
Pre-arrest bail application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
BAIL APPL. NO. 5120 OF 2021
CRIME NO.366 OF 2020 OF PERUMPADAPPU POLICE STATION, MALAPPURAM
DISTRICT
PETITIONER/ACCUSED NO.4 :-
MAHAROOF AGED 22 YEARS S/O.MANAF, ALUNGAL HOUSE, PALAPETTY KARA, PALAPPETTY P.O., PERUMPADAPPU, VELIYANKOD, PONNANI TALUK, MALAPPURAM DISTRICT.
BY ADVS. T.E.ISMAIL PRABHA JOSE
RESPONDENT/STATE & COMPLAINANT :-
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
SMT.SREEJA.V- SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5120 OF 2021
2
ORDER
Petitioner who is the fourth accused in Crime
No.366 of 2021 of Perumpadappu Police Station, Malappuram District registered for the offences
punishable under Sections 324, 307 r/w Section 34 of the Indian Penal Code, has moved this application apprehending arrest.
02.11.2020 this petitioner along with the other accused due to their enmity towards the defacto complainant had attacked him as well his brother. The first accused has stabbed the defacto complainant with a knife and the second accused hacked with a sword and third and fourth accused had beaten with an iron rod. They all shared the common intention to cause death of the defacto complainant and his brother. Thereby committed the aforesaid offences.
as well the learned Public Prosecutor.
BAIL APPL. NO. 5120 OF 2021
3
raised a plea of false implication due to political rivalry. He has also pointed out that the petitioner is aged only 22 years and is having no criminal antecedents.
caused injuries along with the other accused sharing the common intention to commit murder of the defacto complainant. The recovery of the weapon used by this petitioner has yet to be effected and that could be possible on custodial interrogation.
petitioner is aged aged only 22 years, he is having criminal background, as he is involved in a case
registered by the very same police for having
committed various offences and that too mainly under Section 308 of the Indian Penal Code.
BAIL APPL. NO. 5120 OF 2021
4
complicity of this petitioner in committing the
alleged offence is revealed from the materials so far collected. He is also having criminal antecedents. Of
course, he is aged only 22 years but the injuries
sustained by the defacto complainant as well as his friend from this petitioner as well as from the other accused are grave and serious in nature and their intention to cause his death is also clear from the nature of the accusation levelled against this petitioner as well the other accused. The second and third accused were arrested and released on bail
subsequently. But the first accused is yet to be apprehended.
It is well settled that while granting pre-
arrest bail court should exercise its discretion in a judicious manner and not as a matter of course. Having regard to the nature of accusation levelled against
this petitioner as well the gravity of the injuries
caused to the defacto complainant with a deadly
weapon, I do not think that this is a fit and
BAIL APPL. NO. 5120 OF 2021
5
appropriate case in which the discretion of the court can be exercised as prayed for. Hence, he is not entitled to get pre-arrest bail as prayed for.
Accordingly, this bail application stands
dismissed. The petitioner could very well surrender
before the investigating officer and co-operate with the investigation of the case.
Sd/-
SHIRCY V. JUDGE
SMA
2 issues framed by the court
Whether pre-arrest bail should be granted to the fourth accused facing charges for attempted murder and voluntary causing hurt.
Whether the petitioner's youth and lack of prior convictions warrant an exercise of judicial discretion contrary to the gravity of the allegations.
1 provisions across 1 enactments
MAHAROOF
STATE OF KERALA
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
