Allowed

Sahal Rahman v. State of Kerala

Kerala HC20 Feb 2023Bail Appl./109/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of the petitioner, the 1st accused in a case involving affray and attempted culpable homicide. Relying on medical evidence showing the petitioner sustained severe injuries in a counter-attack, the court deemed investigation possible without custodial interrogation and granted bail.

What did the court decide?

Petitioner enlarged on bail on a bond of Rs.30,000 with two sureties, directed to surrender for interrogation within ten days.

Sahal Rahman Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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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 A. BADHARUDEEN

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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944 BAIL APPL. NO. 109 OF 2023

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CRIME NO.707/2022 OF EDAVANA POLICE STATION, MALAPPURAM

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PETITIONER/1ST ACCUSED:

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SAHAL RAHMAN AGED 23 YEARS, S/O SAKKER HUSSAIN, MANDATHODIKA HOUSE, EAST CHATHALLOR, CHATHALLOR POST, MALAPPURAM DISTRICT NOW RESIDING AT ARIMBASSERI HOUSE, KRA75, KUSILAMUKKU, THRIKKAKARA, ERNAKULAM, PIN - 682021 BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN

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RESPONDENT/COMPLAINANT:

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

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SMT T V NEEMA(SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 109 of 2023

ORDER

Dated this the 20^th day of February, 2023

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This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and the petitioner the 1^st accused in crime No.707/2022 of Edavana Police Station, Malappuram.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary produced by the learned Public Prosecutor as well as copy of wound certificate placed by the learned counsel for the petitioner to substantiate multiple injuries to the petitioner in the same occurrence where counter case vide Crime No. 708/2022 also was alleged to be registered.

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The prosecution case to be extracted from the materials placed by the learned Public Prosecutor is that, at about 21.30 hours on 23.12.2022, the accused Nos. 1 to 8 in this crime, who reached in two cars bearing registration Nos. KL-54-F-3555 and KL-60-B-4702, wrongfully restrained the defacto complainant at Parammal, Puliyila Amsom, Perakamanna, after forming into unlawful assembly, with knowledge that they are all members of

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B.A.No. 109 of 2023

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the said assembly, armed with deadly weapons and brought out the defacto complainant from his car and assaulted him with intention to commit culpable homicide not amounting to murder. Accordingly the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 341, 324, 308, 506(ii) r/w 34 of IPC.

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The learned counsel for the petitioner submitted that, the petitioner is innocent and the allegation against the petitioner that, the accused in this crime assaulted the defacto complainant, by name Yusri, with intention to commit culpable homicide is absolutely false. It is submitted further that, in fact, the defacto complainant and his friends attacked the 1^st accused and his friends and thereby the 1^st accused/petitioner sustained very serious injuries and he sought medical attention at 11.34 pm on 23.12.2022. In order to substantiate this contention, the learned counsel for the petitioner placed copy of wound certificate issued from Government Medical College Hospital, Manjeri, highlighting the following injuries:

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Lacerated wound 2x1x0.5 cm right thumb, loss of terminal part of nail.

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Lacerated wound 2x2 cm vertex region of scalp

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Tenderness left and right knees

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B.A.No. 109 of 2023

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Tenderness left elbow

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Linear abrasion 10x0.5 cm left shoulder

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In the wound certificate, history and alleged cause of

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injury is shown as “assault by person (5 known persons) by spanner at Pulliyilapara around 9.45 pm on 23.12.2022”.

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In the prosecution records placed by the learned Public Prosecutor, copy of the wound certificate of Yusri, dated 24.12.2022 prepared on 1.22 am at Maanu Memorial Hospital, Manjeri, dated also is attached. In the wound certificate, the only one injury noted is “extensor tendon on the right middle finger”. No other injuries noted in relation to the defacto complainant.

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While opposing bail, the learned Public Prosecutor pointed out case and counter. The learned Public Prosecutor also submitted that, detailed investigation in this matter is necessary and the investigation so far conducted did not disclose anything in serious against the petitioner.

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Having gone through the facts of the case, where case and counter case alleged to be registered, prima facie , it appears that, more injuries have been sustained to the petitioner herein

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and he underwent treatment for the same. So far as the allegations are concerned, investigation shall go on to find out the

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B.A.No. 109 of 2023

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truth of the matter fairly and independently. I leave the same to the option of the Investigating Officer.

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In view of the matter, investigation is possible even without custodial interrogation. Thus, I am inclined to enlarge the petitioner on bail, with direction to the petitioner to surrender before the Investigating Officer for interrogation and to co-operate with the investigation.

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Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

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i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner and record his statement, if necessary and recover weapon, if any. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself.

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ii. On such production, Jurisdictional Court shall

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release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by himself and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

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B.A.No. 109 of 2023

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iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

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iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.

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v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

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Sd/-

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A. BADHARUDEEN JUDGE

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Sahal Rahman v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sahal Rahman v. State of Kerala

Case brief

What is this about?

What did the court decide?

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