Allowed

Abdul Vahid v. State of Kerala

Kerala HC21 Mar 2023Bail Appl./740/2023

Case brief

AI extract

What is this about?

Single judge court allowed regular bail to the accused in a criminal case involving assault and injury. The court considered the petitioner's criminal history and strict conditions were imposed, including a bond and prohibition on committing new offenses.

What did the court decide?

Petitioner released on bail on bond of Rs. 50,000 with sureties, subject to conditions including cooperation with investigation and non-commitment of new offenses.

Abdul Vahid 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

TUESDAY, THE 21^ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944

¶5

BAIL APPL. NO. 740 OF 2023

¶6

CRIME NO.72/2023 OF PARAVOOR POLICE STATION, KOLLAM

¶7

PETITIONER/ACCUSED:

¶8

ABDUL VAHID AGED 38 YEARS THAEKKAEMULLIL HOUSE, POZHIKARA, PARAVOOR VILLAGE, KOLLAM, PIN - 691301 BY ADV M.R.SARIN

¶9

RESPONDENTS:

¶10

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

¶11

2 THE SUB INSPECTOR OF POLICE PARAVOOR POLICE STATION, KOLLAM, PIN – 691301

¶12

BY SR. PUBLIC PROSECUTOR SRI.P G MANU

¶13

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 3.3.2023, THE COURT ON 21.3.2023, DELIVERED THE FOLLOWING:

¶14

B.A.No.740/2023 2

¶15

A. BADHARUDEEN, J.

¶16

================================

¶17

B.A.No.740 of 2023

¶18

================================

¶19

Dated this the 21 st day of March, 2023

¶20

O R D E R

¶21

This is an application for regular bail filed by the sole

¶22

accused in Crime No.72/2023 of Paravoor Police Station, Kollam.

¶23

Heard the learned counsel for the petitioner and the

¶24

learned Public Prosecutor in detail. Perused the case diary as such.

¶25

3 . The prosecution case is that at about 9 p.m on

¶26

17.0 1.202 3, the accused herein, with intention to commit culpable homicide not amounting murder, assaulted the defacto complainant and his brother Rafi while they were returning back after the festival of a temple at Pozhikara. The specific allegation is that the accused persons used obscene words and the 1 st accused caused injury on the neck of the defacto complainant by using a blade and

¶27

the same resulted in injuries and bleeding, though the defacto

¶28

B.A.No.740/2023 3

¶29

complainant survived.

¶30

4 . While pressing for grant of regular bail to the petitioner,

¶31

who was arrested on 18.01.2023, the learned counsel highlighted

¶32

the progress of the investigation as well as his custody from 18.01.2023 as grounds to grant regular bail.

¶33

5 . The learned Public Prosecutor zealously opposed bail to

¶34

the petitioner highlighting his involvement in 4 crimes and the crimes are as under:

¶35

1 ) Crime 32/2021 u/s 294(b), 341, 332 IPC & Sec.3 of

¶36

PDPP Act,

¶37

2) Crime 516/2021 u/s 451, 341, 323, 354, 511 & 376 IPC,

¶38

3 ) Crime 697/2022 u/s 447, 294(b), 324, 308 IPC,

¶39

t 200 7. 4 ) Crime 84/2023 u/s.15(4), 19 of KAAPA Ac

¶40

It is pointed out by the learned Public Prosecutor that this is the

¶41

second crime he had involved in 2023, that too, in the month of

¶42

January itself. Therefore, if a liberal view is taken in the case of the petitioner, that would encourage the petitioner to repeat crimes.

¶43

B.A.No.740/2023 4

¶44

It is submitted further that the defacto complainant sustained serious injuries as a result of the use of blade by the 1 st accused while attempting to cause culpable homicide not amounting to

¶45

murder. As such the petitioner does not deserve bail at this stage.

¶46

6. On perusal of the F.I.S along with wound certificate, it

¶47

is well made out, prima facie that the 1 st accused used a blade and thereby he caused lengthy injuries on the left side of the neck. The wound certificate of Lashim, the defacto complainant, shows “deep lacerated wound 7X5X5cm over the left side of the neck, muscles exposed”.

¶48

7. Thus the prosecution case is very well established prima facie. The petitioner herein is a person having criminal antecedents and this is the 5 th crime registered against him and the second crime registered in the year 2023. The offences he had involved are very serious. The attitude of the petitioner in involving repeated crimes is noted with anxiety and displeasure. However, in consideration of the progress of investigation and his custody from 18.01.2023,

¶49

B.A.No.740/2023 5

¶50

he can be enlarged on bail on stringent conditions and one among

¶51

the conditions is that the petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason

¶52

to cancel the bail hereby granted.

¶53

8. In the result, the petition stands allowed and the petitioner can be released on bail on the following conditions:

¶54

i. Accused/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 jurisdictional court concerned.

¶55

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

¶56

B.A.No.740/2023 6

¶57

iii. Accused/petitioner shall not leave India without prior

¶58

permission of the jurisdictional court.

¶59

iv. Accused/petitioner shall not involve in any other offence

¶60

during the currency of bail and any such event, if reported or came

¶61

to the notice of this Court, the same alone shall be a reason to

¶62

cancel the bail hereby granted.

¶63

(A. BADHARUDEEN, JUDGE)

¶64

rtr/

Abdul Vahid v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Vahid 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

Bijumon Varghese Vs State of Kerala

Salahudeen O M Vs State of Kerala

Yasar.P.J. Vs State of Kerala

Ajmal K Ummer Vs State of Kerala

Siddique Vs State of Kerala

Athul P Raj Vs State of Kerala