Allowed

Shameer v. State of Kerala

Kerala HC19 Jan 2022Bail Appl./85/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala allowed bail to two accused persons charged with offenses under Sections 323, 324, 506(I), and 307 r/w 34 IPC. The court observed that a final report was filed and investigation was complete. Bail was granted subject to sureties and conditions including non-interference with the complainant and witnesses.

What did the court decide?

Petitioners released on bail subject to execution of bonds with two sureties each for Rs. 50,000 and compliance with specified conditions.

Shameer Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

WEDNESDAY, THE 19^TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943

¶5

BAIL APPL. NO. 85 OF 2022

¶6

CRIME NO.763/2021 OF KURATHIKADU POLICE STATION, ALAPPUZHA DISTRICT PETITIONERS/ACCUSED:

¶7

1 SHAMEER

¶8

AGED 25 YEARS SON OF BASHEER, MAMBRA KIZHAKETHIL VEEDU, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKARA, ALAPUZHA., PIN - 690107

¶9

2 SHAHANAS

¶10

AGED 29 YEARS

¶11

SON OF NOUSHAD, SHAHANAZ MANZIL, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKARA, ALAPUZHA.

BY ADV E.A.HARIS

RESPONDENT:

STATE OF KERALA

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

¶16

BY ADV PUBLIC PROSECUTOR

¶17

OTHER PRESENT:

¶18

ADV NOUSHAD K.A(PP)

¶19

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

BAIL APPL. No.85 OF 2022

¶21

¶22

ORDER

¶23

This is an application for regular bail.

¶24

The petitioners are the accused in Crime No.763/2021 of Kurathikadu Police Station, Alappuzha District alleging commission of offences under Sections 323, 324, 506(I), 307 r/w Section 34 of the Indian Penal Code.

¶25

The allegation against the petitioners is that, on 07.11.2021, the petitioners along with other accused attacked the de-facto complainant and his friend and caused serious injuries to them using a sword stick and knife and thereby they committed the offences alleged against them.

¶26

The learned counsel for the petitioners would submit that the petitioners had acted in self defence. It is submitted that the incident admittedly took place in the courtyard of the house of the 1^st accused and the de-facto complainant with his friends had actually attacked the 1^st accused and his family members. It is submitted that the petitioners only retaliated. It is submitted that Crime No.765/2021 has been registered against the de-facto complainant and others in respect of the incident. It is submitted that the petitioners were arrested on 08.11.2021 and have been

¶27

¶28

BAIL APPL. No.85 OF 2022

¶29

in custody since. It is submitted that the continued detention of the petitioners is not necessary for the purpose of any investigation as a final report has already been filed in the matter. It is also pointed out that the other accused in the case have already been granted bail.

¶30

I have heard the learned Public Prosecutor also.

¶31

The learned Public Prosecutor has taken me through the first information statement and the wound certificate in respect of the de-facto complainant and his friend and has pointed out the serious injuries caused to the de-facto complainant. It is submitted that following investigation, a final report has been filed in the matter after finding that the petitioners had committed the offences alleged against them.

¶32

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody since 08.11.2021 and considering the fact that a final report has already been filed in the matter, indicating that further detention of the petitioners is not necessary for the purpose of investigation, I am of the view that the petitioners can be granted bail subject to conditions.

¶33

In the result, this application is allowed and it is directed that the petitioners shall be released on bail, subject to the following

¶34

¶35

BAIL APPL. No.85 OF 2022

¶36

conditions:-

¶37

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

¶38

(ii) The petitioners shall appear before the investigating officer in Crime No.763/2021 of Kurathikadu Police Station, Alappuzha District whenever called upon to do so;

¶39

(iii) The petitioners shall not attempt to contact the de-facto complainant or influence or intimidate the de-facto complainant or any witness in Crime No.763/2021 of Kurathikadu Police Station, Alappuzha District;

¶40

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

¶41

If any of the aforesaid conditions are violated, the investigating officer in Crime No.763/2021 of Kurathikadu Police Station, Alappuzha District may file an application before the Jurisdictional Court, for cancellation of bail.

¶42

Sd/-

¶43

GOPINATH P. JUDGE

¶44

bng/19.01.2022

Shameer v. State of Kerala

Case brief

What is this about?

What did the court decide?

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

Seenapparai.a Vs State of Kerala

Shaheem Vs State of Kerala

Mani Vs State of Kerala

Vishnu.B Vs State of Kerala

Anilkumar Vs State of Kerala

Fuwadh Hashim v Vs State of Kerala