Allowed

Sujimon@Saddam v. State of Kerala

Kerala HC4 Jul 2023Bail Appl./1536/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to four accused under the CrPC and IPC, imposing conditions regarding surrender, bond execution, cooperation with investigation, and restrictions on leaving India or contacting witnesses.

What did the court decide?

Bail granted subject to conditions including surrender within two weeks, bond of Rs. 1,00,000/-, cooperation with investigation, and appearance weekly.

Sujimon@Saddam Vs State of Kerala — Bail and Remand | 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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 4^TH DAY OF JULY 2023 / 13TH ASHADHA, 1945

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BAIL APPL. NO. 1536 OF 2023

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CRIME NO 1070/2022 OF FORT KOCHI POLICE STATION

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PETITIONER/ACCUSED 1,4,2 AND 7:

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1 SUJIMON@SADDAM, AGED 32 YEARS S/O.SUDHEER 2/653, KOCHERY, MEHABOOB PARK KUNNUMPURAM, FORT KOCHI, KOCHI 9 ACCUSED NO.1), PIN - 682001

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2 SHABNA, AGED 27 YEARS W/O.SUJIMON, 2/653, KOCHERY, MEHABOOB PARK KUNNUMPURAM, FORT KOCHI, KOCHI (ACCUSED NO.4), PIN - 682001 3 RASHEED, AGED 63 YEARS S/O.KOCHU MUHAMMED 2/653, KOCHERY, MEHABOOB PARK KUNNUMPURAM, FORT KOCHI, KOCHI ( ACCUSED NO.2), PIN - 682001 4 LAILA, AGED 42 YEARS W/O.ABUBACKER, 2/653, KOCHERY, MEHABOOB PARK KUNNAMPURAM, FORT KOCHI, KOCHI ( ACCUSED NO.7), PIN - 682001 BY ADVS. N.SASI RASMI NAIR T.

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RESPONDENT/COMPLAINANTS:

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

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2 C.I OF POLICE FORT KOCHI POLICE STATION, FORT KOCHI, KOCHI, PIN - 682001

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OTHER PRESENT:

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ADV C S HRITHWIK -SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A No. 1536 of 2023

O R D E R

This is an application filed under Section 438 of Code of Criminal Procedure seeking anticipatory bail.

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2 . The petitioners are the accused Nos.1, 4, 2 and 7 in Crime No.1070/2022 of Fort Kochi Police Station. The offences alleged against the petitioners are punishable under Sections 341, 323, 324, 294(b), 308 read with Section 34 of the Indian Penal Code.

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The prosecution case is that, on 14.12.2022 at about 8.00 p.m., the petitioners wrongfully restrained the defacto complainant, who is a neighbor and assaulted her with an iron rod. It is also alleged that the 2^nd accused waved a knife against the neck of the defacto complainant and spread chilly water on the face of the defacto complainant. The accused 3 to 7 facilitated the 1^st accused to assault the defacto complainant. The crime was registered in such circumstances, and as the petitioners apprehend arrest in connection with the investigation of the said case this application for anticipatory bail is filed.

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B.A No. 1536 of 2023

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Heard Sri. N.Sasi, the learned counsel appearing for the petitioners and Sri. C.S.Hrithwik, the learned Public Prosecutor appearing for the State.

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The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations. According to him, the defacto complainant is an accused in a POCSO case where the daughter of the brother of the 1^st petitioner is the complainant. In connection with the same, an altercation took place between the parties and a complaint happened to be submitted with false allegations and this crime was registered in such circumstances. The petitioners are ready and willing to cooperate with the investigation and shall abide by any conditions that may be imposed by this Court.

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On the other hand, the learned Public Prosecutor opposes the said application. It is pointed out that, the assault was committed by the petitioners in a preplanned manner. The matter is under investigation and therefore, dismissal of the application was sought. However, it is clarified that, none of the petitioners have any criminal antecedents.

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B.A No. 1536 of 2023

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I have gone through the records. It is true that, there are certain allegations against the petitioners. But, the fact remains that no serious injuries were sustained to the victim. None of the petitioners have any criminal antecedents. The only non-bailable offence is under Section 308 of Indian Penal Code. Since, there is no serious injuries and no criminal antecedents of the petitioners, I am of the view that the interest of justice would be served, if the cooperation of the petitioners with the investigation is ensured.

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In the facts and circumstances of the case, I do not find any necessity of custodial interrogation of the petitioners. Therefore, this application is disposed of with the following conditions:-

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i ) The petitioners shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting themselves for interrogation.

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ii ) After interrogation, the petitioners shall be released on bail on the very same day of surrender upon the petitioners executing bonds for Rs 1,00,000/- (Rupees one lakh only) each

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B.A No. 1536 of 2023

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with two sureties each for the like sum, to the satisfaction of the Investigating Officer.

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iii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of recovery, if any, as and when demanded.

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iv) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

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v ) The petitioners shall also appear before the

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Investigating Officer as and when required.

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vi) The petitioners shall not commit any offence of similar nature while on bail.

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vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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viii) The petitioners shall not leave India without the permission of the trial Court.

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B.A No. 1536 of 2023

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in

accordance with law.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Sujimon@Saddam v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sujimon@Saddam v. State of Kerala

Case brief

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What did the court decide?

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