Dismissed

Muhammed Nufaan M.A. v. State of Kerala

Kerala HC1 Feb 2023Bail Appl./38/2023

Case brief

AI extract

What is this about?

The Kerala High Court dismissed multiple regular bail applications in a murder and SC/ST Act case. The court held that since SC/ST Act offences were implicated, petitioners should approach the Special Judge. The petitioners were given liberty to move before the Special Judge, with a directive for independent consideration. --

What did the court decide?

Petitions dismissed with liberty to move before the Special Judge for regular bail. Special Judge directed to dispose within ten days giving hearing opportunity to defacto complainant.

Muhammed Nufaan M.A. Vs State of Kerala — Caste Atrocities | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

WEDNESDAY, THE 1^ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

¶5

BAIL APPL. NO. 10526 OF 2022

¶6

CRIME NO.1067/2022 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT PETITIONERS/ACCUSED NOS.4 AND 5:

¶7

1 SHOUKATH MOHAMMED KUNHI AGED 26 YEARS S/O MUHAMMED T.P., M. K. HOUSE POROPPAD, ELAMBACHI, SOUTH TRIKARPUR, HOSDRUG TALUK, KASARAGOD DISTRICT, PIN - 671310

¶8

2 MUHAMMED YOUNUS APPATTILLATH AGED 28 YEARS S/O HANEEPHA KADERI PATTILLATH APPATTILLATH HOUSE, THOUBATH MANZIL POROPPAD, ELAMBACHI, SOUTH TRIKARPUR HOSDRUG TALUK, KASARAGOD DIST, PIN - 671310

¶9

BY ADVS. MUHAMMED RIFA P.M. C.K.SREEDHARAN P.C.NOUSHAD NIZAMUDHEEN P.

¶10

RESPONDENTS/COMPLAINANT :

¶11

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

¶12

2 THE STATION HOUSE OFFICER CHANDERA POLICE STATION, KASARAGODE DISTRICT, PIN - 671123

¶13

BY ADVS.

¶14

P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR SR.PP & ADDL.PP-SRI.P.NARAYANAN SRI.SANGEETHARAJ N.R., PUBLIC PROSECUTOR

¶15

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶16

¶17

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2023, ALONG WITH B.A.NO.6/2023, B.A.NO.38/2023 AND B.A.NO.291/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶19

¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶23

WEDNESDAY, THE 1^ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

¶24

BAIL APPL. NO. 6 OF 2023

¶25

CRIME NO.1067/2022 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT

¶26

PETITIONER/ACCUSED 1 & 2:

¶27

1 MUHAMMED SHABAS O.T. @ SHABAS, AGED 22 YEARS S/O.AMEER ALI K, BADARIYA MANZIL, PORAPPAD, SOUTH THRIKARIPUR VILLAGE, KASARAGOD DISTRICT, PIN - 671310 2 MUHAMMED RAHNAS P.K. @ RAHNA AGED 25 YEARS S/O.ABDUL ROUF, PARAKADAVATH HOUSE, VITTAKULAM, PORAPPAD, SOUTH THRIKARIPUR VILLAGE, KASARAGOD, PIN - 671310

¶28

BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA V.J HARIKRISHNAN S. S.SREEKUMAR (SR.)

¶29

RESPONDENTS/STATE & DEFACTO COMPLAINANT :

¶30

1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,

¶31

B.A.Nos.10526 of 2022

¶32

¶33

and 6, 38 and 291 of 2023

¶34

HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

¶35

2 THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, CHANDERA - TRIKARIPUR - OLAVARA ROAD, CHANDERA, MANIYAT, KERALA - 671310

¶36

3 MR.SUBHASH T., THACHAN HOUSE, VAYALODY, SOUTH THRIKARIPUR VILLAGE, KASARAGOD, PIN - 671310

¶37

BY SRI.SANGEETHARAJ N.R., PUBLIC PROSECUTOR

¶38

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2023, B.A.NO.10526/2022, B.A.NO.38/2023 AND B.A.NO.291/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶39

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶40

¶41

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶42

PRESENT

¶43

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶44

WEDNESDAY, THE 1^ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 BAIL APPL. NO. 38 OF 2023

¶45

CRIME NO.1067/2022 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT

¶46

PETITIONER/SIXTH ACCUSED :

¶47

MUHAMMED NUFAAN M.A. AGED 20 YEARS SON OF USMAN M.K., RESIDING AT VETTAKULAM HOUSE, VETTAKULAM, SOUTH THRIKKARIPUR VILLAGE, KASARAGOD DISTRICT, PIN - 671310

¶48

BY ADVS. T.MADHU C.R.SARADAMANI SHAHID AZEEZ RENJISH S. MENON

¶49

RESPONDENTS/STATE :

¶50

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

¶51

2 THE STATION HOUSE OFFICER CHANDERA POLICE STATION, KASARAGOD DISTRICT, PIN - 671213

¶52

BY ADVS. PUBLIC PROSECUTOR DIRECTOR GENERAL OF PROSECUTION(AG-10) P.NARAYANAN, SENIOR PUBLIC PROSECUTOR AND ADDL.PUBLIC PROSECUTOR

¶53

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2023, B.A.NO.10526/2022, B.A.NO.6/2023 AND

¶54

B.A.NO.291/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶55

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶56

¶57

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶58

PRESENT

¶59

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶60

WEDNESDAY, THE 1^ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944 BAIL APPL. NO. 291 OF 2023

¶61

CRIME NO.1067/2022 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT

¶62

PETITIONER/3RD ACCUSED (UNDER CUSTODY):

¶63

MUHAMMED SAFWAN M.T.P AGED 24 YEARS, S/O.KHADER KUNHI.M.C., RESIDING AT DARUL MUBARAK, NEAR TRANSFORMER, POROPPAD, THEKKE THRIKKARIPUR VILLAGE, KASARAGOD DISTRICT, PIN CODE - 671310

¶64

BY ADVS. BONNY BENNY M.RAMESH CHANDER (SR.) BALU TOM GOVIND G. NAIR BEJOY JOSEPH P.J.

¶65

RESPONDENT/STATE :

¶66

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

¶67

BY SRI.P.NARAYANAN, SENIOR P.P. AND ADDL.PUBLIC PROSECUTOR

¶68

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2023, B.A.NO.10526/2022, B.A.NO.6/2023 AND B.A.NO.38/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶69

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶70

¶71

A.BADHARUDEEN, J.

¶72

B.A.Nos.10526 of 2022

¶73

and 6, 38 and 291 of 2023

¶74

--------------------------------------------------------

¶75

Dated this the 1^st day of February, 2023

¶76

COMMON ORDER

¶77

These are applications for regular bail filed under Section 439 of the Criminal Procedure Code by accused Nos.1 to 6 in Crime No.1067 of 2022 of Chandera Police Station, Kasaragod.

¶78

At the time of admission, the learned Public Prosecutor pointed out that, in this case, apart from allegation that the accused herein committed offence punishable under Section 302 of the Indian Penal Code, there is allegation to the effect that they have committed offence under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the 'SC/ST Act' for convenience). Therefore, the petitioners should have approached

¶79

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶80

¶81

the Special Judge and the right of the petitioners to approach this Court is only by way of appeal, as provided under Section 14 of the SC/ST Act, if they are aggrieved by the order of the Special Court.

¶82

The learned counsel for the petitioners would submit that they are aggrieved in the matter of observations made by the learned Magistrate, while dismissing their bail applications before incorporation of the SC/ST Act offences and therefore, while permitting the petitioners to move before the Special Court, seeking regular bail, there shall be an observation that the learned Special Judge shall consider the bail applications independently based on the materials available and untrammeled by observations made by the learned Magistrate. The submission appears to be convincing.

¶83

Therefore, all these petitions are dismissed, with liberty to the petitioners to move before the Special Court under the SC/ST Act, Kasaragod and seek the relief of regular bail in accordance with law. If such application being filed, the Special Judge is directed to dispose of the same, as early as possible,

¶84

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶85

¶86

from the date of filing, after giving an opportunity of hearing to the defacto complainant, as mandated under Section 15A(3) of the SC/ST Act, within a period of ten days from the date of filing of the same, without fail, ignoring the observations made by the learned Magistrate, while dismissing their applications for bail, when the Magistrate considered the same, before incorporation of the SC/ST Act offences.

¶87

Sd/- A.BADHARUDEEN, JUDGE

¶88

rkj

¶89

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶90

¶91

APPENDIX OF BAIL APPL. 10526/2022

¶92

PETITIONER ANNEXURES

¶93

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 1067 OF 2022 OF CHANDERA POLICE STATION, KASARAGODE DISTRICT

¶94

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 17-12-2022 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG AS CMP NO.5057 OF 2022

¶95

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶96

¶97

APPENDIX OF BAIL APPL. 6/2023

¶98

PETITIONER ANNEXURES

¶99

ANNEXURE 1	TRUE COPY OF FIR IN CRIME NO.1067 OF 2022 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT
ANNEXURE 2	TRUE COPY OF THE POST-MORTEM CERTIFICATE DATED 07-12-2022
ANNEXURE 3	TRUE COPY OF REPORT DATED 05-12-2022 FILED BY THE POLICE BEFORE THE SUB DIVISIONAL MAGISTRATE, ADDING SECTION 302 R/W 34 IPC
ANNEXURE 4	TRUE COPY OF REPORT DATED 05-12-2022 FILED BY THE POLICE BEFORE THE SUB DIVISIONAL MAGISTRATE, IMPLICATING THE PETITIONERS AND ANOTHER AS IDENTIFIABLE ACCUSED AND THREE UNIDENTIFIABLE ACCUSED
ANNEXURE 5	TRUE COPY OF REMAND REPORT DATED 07-12-2022 FILED BY THE 2ND RESPONDENT
ANNEXURE 6	CERTIFIED COPY OF ORDER DATED 19-12-2022 IN C.M.P.NO.5095 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, HOSDURG

¶100

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶101

¶102

APPENDIX OF BAIL APPL. 38/2023

¶103

PETITIONER ANNEXURES

¶104

ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 5/12/2022 IN CRIME NO.1067/2022 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT

¶105

ANNEXURE A2 THE TRUE COPY OF THE REPORT DATED 5/12/2022 IN CRIME NO.1067/2022 OF CHANDERA POLICE STATION ANNEXURE A3 THE TRUE COPY OF THE REPORT DATED 5/12/2022 IN CRIME NO.1067/2022 OF CHANDERA POLICE STATION ANNEXURE A4 THE TRUE COPY OF THE REMAND REPORT DATED 12/12/2022 IN CRIME NO.1067/2022 OF CHANDERA POLICE STATION ANNEXURE A5 THE TRUE COPY OF THE ORDER DATED 19/12/2022 IN CMP NO.5095/2022 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG

¶106

B.A.Nos.10526 of 2022 and 6, 38 and 291 of 2023

¶107

¶108

APPENDIX OF BAIL APPL. 291/2023

¶109

PETITIONER ANNEXURES

¶110

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.1067/2022 DATED 05.12.2022 ANNEXURE A2 CERTIFIED COPY OF THE ORDER OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS-I, HOSDURG IN CMP 5095/2022 DATED 19.12.2022

Muhammed Nufaan M.A. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Nufaan M.A. 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arjun Prasannan Vs State of Kerala

Muhammed Althaf a Vs State of Kerala

Manoj E Vs State of Kerala

Muhammed Shabas O.T. @ Shabas, Vs the State of Kerala

Muhammed Safwan M.T.P Vs State of Kerala

Abhilash Vs State of Kerala