Quashed

Muhammed Shaheem v. State of Kerala

Kerala HC13 Dec 2021Bail Appl./6315/2021

Case brief

AI extract

What is this about?

In two combined bail applications filed by accused charged with grievous hurt and common intention offences, the court granted anticipatory bail granting surrender within a week for non-custodial investigation to prevent breach of peace.

What did the court decide?

Anticipatory bail granted with direction to surrender within a week; Magistrate to dispose of regular bail applications on the day.

Muhammed Shaheem Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA,

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1943

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BAIL APPL. NO. 4596 OF 2021

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PETITIONER/ACCUSED NO.1:

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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

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.

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ADV.SMT.SEENA C, PUBLIC PROSECUTOR

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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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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MONDAY, THE 13^TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943

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BAIL APPL. NO. 6315 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CRMC 1041/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR

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PETITIONERS/ACCUSED NO.2 AND 3:

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1 MUHAMMED SHAHEEM

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AGED 23 YEARS S/O.ABOOBACKER, PUTHUVALASSERI HOUSE, THRIKANAPATHIYARAM DESOM, CHITTANDA VILLAGE, THALAPPILLY TALUK, THRISSUR 680 585

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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

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RESPONDENT/STATE:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31

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ADV.SMT.SEENA C, PUBLIC PROSECUTOR

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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

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P.G. AJITHKUMAR, J.

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----------------------------------------------------------Bail Appln Nos.4596 & 6315 of 2021

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----------------------------------------------------------Dated this the 13^th day of December, 2021

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O R D E R

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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.

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The Crime was registered with the following allegations: There occurred an incident of altercation between the elder

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brother of the 1^st 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 1^st accused splashed boiling oil on the back of the defacto complainant and the 2^nd accused beat him using a wooden log at his head. The 3^rd 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

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offences punishable under Sections 324 and 326 read with 34 of the Indian Penal Code.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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Public Prosecutor placed on record report of the Investigating Officer as well. The learned Public Prosecutor would submit that considering the nature of offence and the injuries sustained by the defacto complainant, custodial interrogation of all the accused is required. It is her further submission that the injuries sustained by the defacto complaint is so serious that the release of the petitioners on bail may result breach of peace in the locality.

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The learned counsel for the petitioners on the other hand would submit that the incident occurred near the tea shop of the 1^st accused and it was the defacto complainant who was the aggressor. It is further pointed out that there occurred an incident in the morning hours of the day, where the elder brother of the 1^st accused attacked by the defacto complainant. He also pointed out that a counter case has also been registered against the defacto complainant and two others in relation to the present incident.

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Bail Appln.Nos 4596 & 6315 of 2021

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On a perusal of the Accident Register cum Wound Certificate and Discharge Certificate, it is evident that the defacto complainant sustained serious injuries, mostly, the burn injuries. It appears that sustenance of burn injuries and resultant long term treatment are the reasons for terming the hurt as grievous in nature. It is obvious that there has been dispute between the two groups for some time and it had acquired the nature of a faction feud. As a sequel to the earlier incident, the present crime was happened to be committed. Of course, there would have been pre-meditation, for commission of this offence. However, the place of incident is the premises of the tea shop of the accused. Why in such a situation, the defacto complainant went to the shop of the accused cannot be said wholly innocent. Be that as it may, I am of the view that the investigation of the case can be completed even without detaining the accused in prison.

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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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Bail Appln.Nos 4596 & 6315 of 2021

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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,

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the learned Magistrate shall dispose of the same on the day itself taking into account the observation made above.

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Sd/-

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P.G. AJITHKUMAR JUDGE

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Muhammed Shaheem v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Shaheem v. State of Kerala

Case brief

What is this about?

What did the court decide?

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