Dismissed

Althaf Shahin v. State of Kerala

Kerala HC2 Sept 2022Bail Appl./1833/2022

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC 1973, the Single Judge dismissed the petition of an 18-year-old accused alleged to have participated in an assault causing grievous injury, holding it was not a fit case for anticipatory bail despite the youth of the accused.

What did the court decide?

Pre-arrest bail application dismissed; 12 days time granted for surrender for interrogation.

Althaf Shahin Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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FRIDAY, THE 2^ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944

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BAIL APPL. NO. 1833 OF 2022

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CRIME NO.54 OF 2022 OF ALAPPUZHA SOUTH POLICE STATION

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PETITIONER/ 1ST ACCUSED :

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ALTHAF SHAHIN, AGED 18 YEARS, SON OF SHAHIN, SHAHIN NEXT, ZACHARIA WARD, HEAD POST OFFICE, ALAPPUZHA, PIN – 688 001

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BY ADVS. S.ANIL FASILA F.

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RESPONDENT/ COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031

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BY SMT.M.K PUSHPALATHA, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1833 OF 2022

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BECHU KURIAN THOMAS, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-

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B.A.No.1833 of 2022

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Dated this the 2^nd day of September, 2022

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ORDER

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This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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Petitioner is the accused in Crime No.54 of 2022 of Alappuzha South Police Station alleging offences under Sections 143, 147, 148, 341, 323, 324 and 326 of Indian Penal Code, 1860.

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According to the prosecution, the accused 12 in number, pursuant to their common object to assault the defacto complainant and his friend after forming themselves into an unlawful assembly, attacked them on 16.1.2022 and the first accused beat the defacto complainant on his head with an iron rod and fisted on his head, thereby breaking his teeth and caused fracture above the right eye.

¶25

Sri.S.Anil, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further pointed out that accused 2 and 3 have already been granted anticipatory bail by the Sessions Court and therefore petitioner should also be given the said benefit.

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Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that specific overt acts that resulted in grievous including fracture is alleged to have been committed by the petitioner.

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BAIL APPL. NO. 1833 OF 2022

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I have considered the rival contentions. Even though the petitioner is young in age, the injuries alleged to be inflicted by him on the defacto complainant are serious in nature. Having regard to the entire circumstances, I am of the view that this is not a fit case where petitioner should be released on anticipatory bail. Accordingly, I dismiss this bail application.

¶30

However, if the petitioner surrenders before the investigating officer on 12.09.2022, he shall be subjected to interrogation and thereafter, if the investigating officer proposes to arrest him, he shall be produced before the jurisdictional magistrate without further delay and in the event of any application for bail being filed, the same shall also be considered in accordance with law.

¶31

BECHU KURIAN THOMAS, JUDGE

¶32

RKM

Althaf Shahin v. State of Kerala

Case brief

What is this about?

What did the court decide?

Althaf Shahin v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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