Allowed

Mohamed Sajil v. State of Kerala

Kerala HC23 Mar 2023Bail Appl./742/2023

Case brief

AI extract

What is this about?

The court allowed a petition under Section 438 CrPC for anticipatory bail. The petitioner, the 8th accused in an IPC case challenging charges of forming an unlawful assembly, was granted bail subject to conditions to surrender for interrogation, cooperation with the investigation, and refraining from interfering with witnesses.

What did the court decide?

Petitioner enlarged on anticipatory bail under Section 438 CrPC on conditions to surrender, cooperate with investigation, and not interfere with witnesses.

Mohamed Sajil Vs State of Kerala — Anticipatory Bail | 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
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
BAIL APPL. NO. 742 OF 2023

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CRIME NO.24/2023 OF CHAVAKKAD POLICE STATION

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PETITIONER/8TH ACCUSED:

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MOHAMED SAJIL
AGED 29 YEARS
S/O. KUNHIMON, KARIPOTT HOUSE,
PERUMPADAPPA, MALAPPURAM., PIN - 679580
BY ADVS.
BALAMURALI K.P.
MANU TOM
RENIL IQUBAL K.
SHAJI T.M.

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RESPONDENT/STATE:

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

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OTHER PRESENT:

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SR.PP PG MANU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 742 OF 2023

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ORDER

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Dated this the 23^rd day of March, 2023

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This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail and the petitioner is the 8^th accused in Crime No.24/2023 of Chavakkad Police Station, Thrissur.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor.

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The prosecution case as could be read out from the case diary materials and report placed by the learned Public Prosecutor is that, at about 01.30 hours on 09.01.2023, accused Nos. 1 to 8 formed into unlawful assembly after sharing common intention with knowledge that they are all members of the said assembly, armed with deadly weapons and then they assaulted the defacto complainant with intention to do away him. On this premise, prosecution alleges commission of offences punishable under Sections

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BAIL APPL. NO. 742 OF 2023

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143, 147, 148, 341, 323, 324, 308, 506(ii) r/w 149 of IPC.

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The learned counsel for the petitioner would submit

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that no specific overt acts alleged against the 8^th accused and the defacto complainant did not sustain any serious injuries. Further accused Nos. 5 and 6 were granted regular bail by this Court as per order in BA No. 868/2023 dated 13.02.2023.

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The learned Public Prosecutor opposed grant of bail, on the submission that the accused formed into an unlawful assembly and committed this crime. As such the prosecution alleges commission of offences punishable under Section 149 of IPC among other offences. Therefore, there is no necessity to read the complicity of the petitioner in severance.

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On perusal of the available materials, the prosecution case is made out, prima facie. In the wound certificate of the injured “laceration 3X1 on the left side of scalp” is the only injury noted. Since the complicity of the petitioner, who has no criminal antecedents is much less, he can be enlarged on anticipatory bail directing to subject himself for interrogation to aid the investigation.

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BAIL APPL. NO. 742 OF 2023

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Having appraised the above facts, on directing the petitioner to surrender before the Investigating Officer for interrogation and to co-operate with the investigation, the petitioner is liable to be released on anticipatory bail on conditions.

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Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

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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 and record his statement, if necessary. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself.

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ii. On such production, Jurisdictional Court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by himself and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

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iii. The petitioner shall co-operate with investigation

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BAIL APPL. NO. 742 OF 2023

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and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

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

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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.

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Sd/-

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A. BADHARUDEEN JUDGE

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BAIL APPL. NO. 742 OF 2023

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APPENDIX OF BAIL APPL. 742/2023

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PETITIONER ANNEXURES :

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ANNEXURE1

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THE TRUE COPY OF THE F.I.R. IN CRIME
NO.24/2023 OF CHAVAKKAD POLICE STATION.

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// True Copy // PA To Judge

Mohamed Sajil v. State of Kerala

Case brief

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Mohamed Sajil v. State of Kerala

Case brief

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