Allowed

Farook M v. State of Kerala

Kerala HC13 Mar 2023Bail Appl./1103/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the sole accused in a case involving an attack with a sword. The court noted the existence of a related counter-case and directions for interrogation were given as conditions.

What did the court decide?

Anticipatory bail granted on conditions of surrender for interrogation within ten days, execution of bond by petitioner and two sureties, and cooperation with investigation.

Farook M Vs State of Kerala — Kerala HC (2023) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

MONDAY, THE 13^TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944

¶5

BAIL APPL. NO. 1103 OF 2023

¶6

CRIME NO.118/2023 OF KATTAKKADA POLICE STATION

¶7

PETITIONER/SOLE ACCUSED:

¶8

FAROOK M AGED 43 YEARS S/O MUHAMMAD ABDUL KHADAR, ROADARIKATHU KUNNIL VEEDU, UNDAPPARA, POOVACHAL P. O, THIRUVANANTHAPURAM DISTRICT, PIN - 695575

¶9

BY ADV S.NIKHIL SANKAR

¶10

RESPONDENT/COMPLAINANT/STATE:

¶11

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

¶12

BY SR.PUBLICI PROSECUTOR SMT.T V NEEMA

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

BAIL APPL. NO. 1103 OF 2023 2

¶15

ORDER

¶16

Dated this the 13^th day of March 2023

¶17

Anticipatory bail plea, at the instance of the sole

¶18

accused in Crime No.118/2023 of Kattakkada Police

¶19

Station, is the crux of this petition.

¶20

Heard the learned counsel for the petitioner as

¶21

well as the learned Public Prosecutor.

¶22

I have perused the relevant documents form

¶23

part of the case diary, placed by the learned Public Prosecutor.

¶24

The prosecution case to be read out from the

¶25

case diary materials placed by the learned Public Prosecutor is that, at about 13.00 hrs on 26.1.2023, when

¶26

the de facto complainant in this crime, questioned as to

¶27

why the accused used abusive language against the de

¶28

facto complainant, the accused herein abused the de

¶29

facto complainant again and attacked him with a sword,

¶30

BAIL APPL. NO. 1103 OF 2023 3

¶31

with intention to commit culpable homicide, not amounting to murder. In consequence thereof, the de facto complainant sustained injuries on skull, though he survived. It is on this premise, prosecution alleges commission of offences punishable under Sections 294(b), 341, 323, 324 and 308 of the Indian Penal Code as well as under Section 27 of the Arms Act.

¶32

The learned counsel for the petitioner would submit that the petitioner is innocent. It is submitted further that, in fact, the petitioner was assaulted by a group of persons, after forming into unlawful assembly, with intention to commit his murder and for which, Crime No.117/2023 of Kattakada Police Station, was registered. In the said crime, accused Nos.1 to 4 were nabbed by the police and this Court granted regular bail to them, as per order in B.A.No.1127/2023, dated 28.2.2023 and in the said order, the place of occurrence is noted in paragraph No.6, as the place in front of the house of the petitioner herein. It is submitted further that, the petitioner was

¶33

BAIL APPL. NO. 1103 OF 2023 4

¶34

attacked by a group of 10 persons and some sort of resistance led to some injuries to the de facto complainant in this crime. Therefore, this case has been registered against the petitioner, as a counterblast to Crime No.117/2023, based on unnecessary allegations. The learned counsel expressed willingness of the petitioner to co-operate with the investigation, as a prerequisite for grant of anticipatory bail, with offer to cooperate with the investigation.

¶35

Whereas, the learned Public Prosecutor

¶36

justified the prosecution case, highlighting necessity of custodial interrogation. She also pointed out that the de facto complainant herein also sustained injuries on right scapula area.

¶37

On perusal of the prosecution records along with the copy of the First Information Report in Crime No.117/2023, placed by the learned counsel for the petitioner and the copy of order in B.A.No.1127/2023, dated 28.2.2023, case and counter could be gathered.

¶38

BAIL APPL. NO. 1103 OF 2023 5

¶39

The injured in this crime, is Binoy, who is the 2^nd accused

¶40

in Crime No.117/2023. In this crime, Binoy sustained

¶41

'incised wound 13x1x.5 cm over right scapula area

¶42

oblique'. But, the petitioner herein (de facto complainant)

¶43

and others sustained the following injuries:

¶44

1. complaint of pain over right shoulder and pain over thoracic spine region.

¶45

2. complaint of pain over anterior aspect of left breast,

¶46

3x3 cm contusion.

¶47

3. complaint of pain over left elbow, lacerated wound over high occipital 4x1x0.5 cm.

¶48

In the report of the Investigating Officer, it has

¶49

been stated that the weapon was recovered from the scene of occurrence, while preparing mahazar. In cases involving in case and counter, the truth of the matter is a matter of evidence to be adjudged by the trial court. However, in this case, prima facie, it appears that the 1^st accused along with 9 identifiable persons in Crime No.117/2023, attacked the petitioner herein and the petitioner and others sustained 3 injuries, as noted herein. At the same time, the prosecution would allege that the petitioner herein attacked and caused injuries to

¶50

BAIL APPL. NO. 1103 OF 2023 6

¶51

the 2^nd accused in Crime No.117/2023. No other persons

¶52

involved in this crime.

¶53

Having noticed the factual aspects narrated hereinabove and the progress of investigation, by directing the petitioner to subject himself for interrogation for the purpose of investigation, I am inclined to grant anticipatory bail to the petitioner, on conditions.

¶54

Accordingly, the bail application stands allowed and

¶55

the petitioner can be enlarged on bail, on the following conditions:

¶56

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. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.

¶57

ii. On such production, jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent

¶58

BAIL APPL. NO. 1103 OF 2023 7

¶59

sureties, each for the like sum to the satisfaction of the jurisdictional court.

¶60

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.

¶61

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

¶62

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.

Sd/-

A. BADHARUDEEN

JUDGE

Farook M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Farook M 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

Subin Varghese, Vs State of Kerala

Tijo John Vs State of Kerala

Dany Joshy Vs State of Kerala

Rajesh K B Vs State of Kerala

Rajesh K B Vs State of Kerala

Muhammed Faisal Vs State of Kerala