Allowed

Saidali @, Shemi v. State of Kerala

Kerala HC14 Feb 2023Bail Appl./251/2023

Case brief

AI extract

What is this about?

The Kerala High Court granted regular bail to the sole accused in a case involving wrongful restraint, obscene language, and attempted murder. The court acknowledged the petitioner’s criminal antecedents but released him on bail under specific conditions, including a security bond and restrictions on further offending.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000 with two sureties for Rs.50,000 each, subject to standard bail conditions including prohibition of further offences.

Saidali @, Shemi 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 A. BADHARUDEEN TUESDAY, THE 14^TH DAY OF FEBRUARY 2023 / 25TH MAGHA,

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1944

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BAIL APPL. NO. 251 OF 2023

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CRIME NO.1071/2022 OF vATTIYOORKAVU POLICE STATION PETITIONER/SOLE ACCUSED :

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SAIDALI @, SHEMI AGED 34 YEARS S/O.AMEER, VARYAKONTHU VEDU, THALAYKKOTTUKONAM AYANIKKADU, KARAKULAM VILLAGE, THIRUVANANTHAPURAM, PIN - 695564

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BY ADV NAVEEN RADHAKRISHNAN

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RESPONDENT/STATE :

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

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BY SMT NEEMA T V, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON

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02.02.2023, THE COURT ON 14.02.2023 DELIVERED THE FOLLOWING:

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B.A.No.251 of 2023

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A.BADHARUDEEN, J.

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B.A.No.251 of 2023

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Dated this the 14^th day of February, 2023

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O R D E R

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This is an application for regular bail filed

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under Section 439 of the Code of Criminal Procedure, by the petitioner who is the sole accused in Crime No.1071 of 2022 of Vattiyoorkavu Police Station.

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Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

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I have perused the Case Diary materials

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produced by the learned Public Prosecutor.

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The prosecution case is that, at 6.45 p.m. on 21.12.2022, while the defacto complainant was

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B.A.No.251 of 2023

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travelling on his motorcycle bearing registration No.KL21 S 6079 through Mukkola road, the accused herein wrongfully restrained him, uttered obscene words and beat him on his face. Thereafter, the accused stabbed the defacto complainant on his left hand and back, by using a knife, with intention to do away the defacto complainant. On the above sets of fact, the prosecution alleges commission of offences punishable under Sections 341, 294(b), 323 and 307 of the Indian Penal Code.

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It is submitted by the learned counsel for the petitioner that the petitioner is innocent. According to him, the allegations are false and he has no criminal antecedents. Pointing out his custody from 27.12.2022, the learned counsel for the petitioner pursued regular bail.

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Whereas the learned Public Prosecutor

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B.A.No.251 of 2023

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strongly opposed grant of bail to this petitioner, pointing out the seriousness of the offences and the manner in which, a poor man, who was travelling on a motorcycle, was attacked and caused stab injury to him. It is submitted further that the weapon used to commit the crime was not recovered, since the petitioner concealed the same. Therefore, offence under Section 201 of IPC also would attract in this case. It is submitted further that the petitioner is a person having criminal antecedents and he is an accused in a murder case, as per Crime No.31 of 2012 of Aruvikkara Police Station. Further, he has involvement in another crime vide Crime No.711 of 2013 alleging commission of offences under Sections 143 and 144 of IPC r/w Section 27 of the Arms Act.

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On perusal of the available materials, it could be gathered that the petitioner, who is having

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B.A.No.251 of 2023

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criminal antecedents, wrongfully restrained and assaulted the defacto complainant with intention to do away him and accordingly, he stabbed against the defacto complainant and accordingly, the defacto complainant sustained injuries on his left hand and back. Thus, the prosecution allegation is well made out. Though antecedents reported, the same appears to be occurred during 2012-2013 and there is no involvement of the petitioner in any other crime during the period between 2014 and till this crime. Therefore, having appraised the progress of investigation and the detention of the petitioner in custody from 27.12.2022, I am inclined to release him on bail on conditions and one among the conditions is that he shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail

B.A.No.251 of 2023

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hereby granted.

In the result, this petition stands allowed and he is released on bail on the following conditions:

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i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer as and when directed.

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iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court

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B.A.No.251 of 2023

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or to any police officer.

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v. The petitioner shall not involve in any other

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offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.

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Sd/-

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A.BADHARUDEEN, JUDGE

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B.A.No.251 of 2023

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APPENDIX OF BAIL APPL. 251/2023

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PETITIONER ANNEXURES

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ANNEXURE1 THE CERTIFIED COPY OF THE SAID ORDER IN CRIMINAL M.P. NO 3368 OF 2022 DATED 30.12.2022

Saidali @, Shemi v. State of Kerala

Case brief

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Saidali @, Shemi v. State of Kerala

Case brief

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