Allowed

Noushad P S v. State of Kerala

Kerala HC17 Aug 2022Bail Appl./2711/2022

Case brief

AI extract

What is this about?

An anticipatory bail application filed by an accused charged with public nuisance and affray. The High Court allowed the application subject to stringent conditions including bond execution, appearance to investigation, non-interference with witnesses, and refraining from further crimes.

What did the court decide?

Application allowed; petitioner directed to surrender on 29.08.2022 and execute bond with two sureties.

Noushad P S Vs State of Kerala — Anticipatory Bail | Kerala HC (2022)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 17^TH DAY OF AUGUST 2022/26TH SRAVANA, 1944

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BAIL APPL. NO. 2711 OF 2022

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CRIME NO.270/2022 OF ADOOR POLICE STATION

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PETITIONER:

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NOUSHAD P S AGED 46 YEARS, SON OF SAINUDEEN RAWTHER, RESIDING AT HAJIRA MANZIL, CHELIKUZHY P O, PATTAZHI, KOLLAM DISTRICT., PIN - 691556 BY ADVS. C.R.SANISH S.RASHEED

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031

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BY ADV SRI.M.C.ASHI - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

BA. No.2711/2022

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O R D E R

Dated this the 17^th day of August, 2022

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This is an application for Anticipatory Bail.

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The petitioner is the accused in Crime No.270/2022 of Adoor Police Station, alleging commission of offences punishable under Sections 294(b) and 332 of the IPC.

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The prosecution case is that, on 01/02/2022 at 11.10 AM accused came in goods Auto Rikshow bearing Registration No.KL 25 L 2587 and abused the defacto complainant and obstructed his official duty as Motor Vehicle Inspector and thus the accused have committed the offence

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mentioned above.

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The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime In fact the petitioner was travelling in his vehicle, a lorry came in the opposite side and a driving school's vehicle tried to overtake the said lorry in a rash and negligent manner and the petitioner tried to provide maximum way to the said driving school's vehicle. The de facto complainant got down from the said car and caught hold of the collar of the petitioner's shirt

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BA. No.2711/2022

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..3..

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and abused the petitioner and his wife in filthy language and has taken away the key of the petitioner's vehicle (goods autorikshaw) and thereafter the accused filed a false complaint and the present case has been registered against the petitioner.

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The learned Public Prosecutor, upon instruction, submitted that the petitioner has manhandled the de facto complainant and has obstructed his official duty. It is further submitted that the petitioner has no other criminal antecedents.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 29.08.2022, at 11 a.m. and in the event of arrest of the petitioner in Crime No.270/2022 of Adoor Police Station, the petitioner shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-

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BA. No.2711/2022

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..4..

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-

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sum to the satisfaction of the jurisdictional

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court ;

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(ii) Petitioner shall appear before the investigating officer in Crime No.270/2022 of Adoor Police Station as and when summoned to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.270/2022 of Adoor Police Station ;

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

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.270/2022 of Adoor Police Station may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that it is within the power of the police to

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BA. No.2711/2022

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..5..

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investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in

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Sushila Aggarwal and others v. State(NCT of Delhi) and

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another(2020(1)KHC 663).

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Sd/-

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VIJU ABRAHAM, JUDGE

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ded/17.08.2022

Noushad P S v. State of Kerala

Case brief

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Noushad P S v. State of Kerala

Case brief

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