Allowed

Noushad P.M v. the Station House Officer

Kerala HC8 Mar 2022Bail Appl./9216/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to two accused persons facing charges of voluntarily causing grievous hurt and endangering life under the IPC, subject to bonds, regular reporting, non-contact with the complainant, and no involvement in other crimes.

What did the court decide?

Anticipatory bail granted subject to bond, regular appearance, non-contact with complainant, and no other crimes.

Noushad P.M Vs the Station House Officer — Bail and Remand | Kerala HC (2022)

¶1

B.A.No.9216/2021

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶6

TUESDAY, THE 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943

¶7

BAIL APPL. NO. 9216 OF 2021

¶8

CRIME NO.527/2021 OF MELPARAMBA POLICE STATION,KASARAGOD

¶9

AGAINST THE ORDER/JUDGMENT IN CRMP 2546/2021 OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD PETITIONERS/ACCUSED NO.1 AND 2:

¶10

1 NOUSHAD P.M AGED 34 YEARS S/O.KAREEM, NOUSHAD MANZIL, AJANUR, KOLAVAYAL, KASARAGODE DISTRICT

¶11

2 ABDUL AZEEZ C.H. AGED 28 YEARS S/O.ABDUL RAHIMAN K., RESIDING AT 268, SUMAYA MANZIL, AJANUR, KOLAVAYAL, KASARAGODE DISTRICT

¶12

BY ADV V.A.VINOD

¶13

RESPONDENTS/COMPLAINANT AND STATE:

¶14

1 THE STATION HOUSE OFFICER MELPARAMBA POLICE STATION, KASARAGODE DISTRICT 671 531

¶15

2 THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

¶16

OTHER PRESENT:

¶17

SRI. T.R. RENJITH (SR.PP)

¶18

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.9216/2021

ORDER

This is an application for anticipatory bail.

¶23

The petitioners are accused Nos.1 and 2 in Crime No.527/2021 of Melparamba Police Station, Kasaragod District alleging commission of offences punishable under Sections 341, 324 and 308 r/w. Section 34 of the Indian Penal Code.

¶24

The allegation against the petitioners is that on 25.9.2021, the petitioners attacked the de facto complainant using a knife and caused injuries to him. It is alleged that the 2^nd petitioner had restrained the de facto complainant and at the same time, the 1^st petitioner had tried to stab him using the knife. It is alleged that when the de facto complainant prevented the attack using his hands, the knife hit him on his eyebrow and caused a cut injury. It is alleged that had the de facto complainant not evaded the attack, the same would have resulted in his death.

¶25

The learned counsel for the petitioners submits that the de facto complainant is a notorious criminal involved in several cases. It is submitted that the petitioners had no occasion to attack the de facto complainant as alleged. It is submitted that, at any rate, injuries reported against the de facto complainant are minor. It is submitted that the petitioners have no criminal antecedents.

¶26

Heard the learned Public Prosecutor also.

¶27

The learned Public Prosecutor opposes the grant of bail. The injuries suffered by the de facto complainant are pointed out. It is submitted that the allegations contained in the First Information Statement clearly point to the

¶28

B.A.No.9216/2021

¶29

¶30

involvement of the petitioners. It is submitted that the petitioners are not entitled for anticipatory bail.

¶31

Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the fact that no criminal antecedents are reported against the petitioners, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions.

¶32

In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of arrest in Crime No.527/2021 of Melparamba Police Station subject to the following conditions:-

¶33

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

¶34

(ii) Petitioners shall appear before the investigating officer in Crime No. 527/2021 of Melparamba Police Station as and when called upon to do so;

¶35

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.527/2021 of Melparamba Police Station;

¶36

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

¶37

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.527/2021 of Melparamba Police Station may file an application before the jurisdictional Court for cancellation of bail.

¶38

Sd/-

¶39

GOPINATH P. JUDGE

¶40

acd

Noushad P.M v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Noushad P.M v. the Station House Officer

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

Rajesh Vs State of Kerala

Nivil Vs State of Kerala

Krishnakumar, Vs State of Kerala

Saji Kumar Vs State of Kerala

Vinodhini Vs State of Kerala

Prakash Vs State of Kerala