Allowed

Abdulla Shameer v. State of Kerala

Kerala HC8 Dec 2021Bail Appl./8460/2021

Case brief

AI extract

What is this about?

This court granted anticipatory bail to two accused persons in a rape and extortion case after a de facto complainant submitted an affidavit waishing further prosecution and the Public Prosecutor recommended bail. Petitioners were released subject to bond and cooperation conditions.

What did the court decide?

Petitioners released on bail subject to executing bonds of Rs.50,000 each with sureties, cooperating with investigation, and not interfering with the complainant or witnesses.

Abdulla Shameer Vs State of Kerala — Bail and Remand | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA,

¶5

1943

¶6

BAIL APPL. NO. 8460 OF 2021

¶7

CRIME NO.16/2020 OF VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT

¶8

PETITIONERS/ACCUSED NOS.1&2:

¶9

1 ABDULLA SHAMEER, AGED 42 YEARS S/O. MUHAMMED, CHATHA PARAMBIL HOUSE, KODIYATHOOR P.O., KOZHIKODE DISTRICT-673602.

¶10

2 ABDULLA KOYA, AGED 52 YEARS S/O.MUHAMMED, URALAKKUNNATH, KODIYATHOOR, KOZHIKODE DISTRICT-673602.

¶11

BY ADVS. P.VIJAYA BHANU (SR.) P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI MITHA SUDHINDRAN POOJA PANKAJ SRUTHY N. BHAT RAHUL SUNIL

¶12

RESPONDENT/COMPLAINANT:

¶13

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶14

OTHER PRESENT:

¶15

SMT. SEETHA .S. (SR.PP)

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

BAIL APPL. NO. 8460 OF 2021

¶18

..2..

¶19

ORDER

¶20

This is an application for anticipatory bail.

¶21

The petitioners are the accused in Crime No.16 of 2020 of Vazhakkad Police Station, which was registered alleging commission of offences under Sections 376 and 506(1) of the Indian Penal Code.

¶22

The allegation against the 1^st petitioner/1st accused is that he committed sexual abuse and rape on the de facto complainant in the month of October, 2019 on the false pretext of marriage. The allegation against the 2^nd petitioner/2nd accused is that he called and threatened the de facto complainant to withdraw the complaint filed against the 1^st petitioner/1st accused.

¶23

When this matter came up for consideration earlier, it was pointed out by the learned counsel for the petitioners that the de facto complainant has subsequently executed Annexure 1 affidavit, stating that she has absolutely no complaint in the matter and that she does not wish to prosecute the matter any further. The question as to whether the criminal proceedings against the petitioners can be quashed on basis of the affidavit executed by the de facto complainant is a matter to be decided in the criminal miscellaneous

¶24

..3..

¶25

BAIL APPL. NO. 8460 OF 2021

¶26

case (Crl.M.C. No. 2428/2020), which is stated to be pending before this Court. However, the fact that the de facto complainant does not wish to prosecute the matter any further is definitely an aspect that can be taken into consideration by this Court in deciding as to whether the petitioners are entitled to anticipatory bail.

¶27

I have heard the learned Public Prosecutor also.

¶28

Having regard to the facts and circumstances of the case and considering the fact that the de facto complainant has clearly stated that she does not wish to prosecute the matter any further and also considering the fact the learned Public Prosecutor, on instructions, submits that the affidavit produced as Annexure 1 before this Court was indeed executed by the de facto complainant out of her own will, I am of the view that anticipatory bail can be granted to the petitioners. The custodial interrogation of the petitioners may not be necessary for a proper investigation into the matter.

¶29

In the result, this application is allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.16 of 2020 of Vazhakkad Police Station , subject to the following conditions:

¶30

..4..

¶31

BAIL APPL. NO. 8460 OF 2021

¶32

(i) Petitioners shall execute bonds for sums of Rs.50,000/(Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

¶33

(ii) Petitioners shall co-operate with the investigation and appear before the investigating officer in Crime No.16 of 2020 of Vazhakkad Police Station, whenever called upon to do so;

¶34

(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.16 of 2020 of Vazhakkad Police Station;

¶35

(iv) Petitioners shall not involve in any other crime while on bail.

¶36

If any of the aforesaid conditions are violated, the investigating officer in Crime No.16 of 2020 of Vazhakkad Police Station, may file an application before the Jurisdictional Court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/08.12.2021

Abdulla Shameer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdulla Shameer 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

Parties & counsel

Coram

Case details

Similar cases

Dhaneep Vs State of Kerala

Xxx Vs State of Kerala

Vijayakumar Vs State of Kerala

Sajith Shanavas, Vs State of Kerala

Xxxx Vs State of Kerala

Pradeep Vs State of Kerala