Allowed

Asharaf A.U v. State of Kerala

Kerala HC7 Nov 2023Bail Appl./8332/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two accused persons facing charges under sections 143, 144, 147, 148, 323, 324, 326, 294(b), and 506 of the IPC. The court noted conflicting versions of the incident regarding a domestic dispute and held that custodial interrogation was not necessary at this stage.

What did the court decide?

Application for anticipatory bail allowed. Petitioners directed to surrender for interrogation and granted bail on execution of bonds of Rs. 25,000 each with two sureties.

Asharaf A.U Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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BA No. 8874 & 8332 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 7^TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945

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BAIL APPL. NO. 8874 OF 2023

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CRIME NO.620/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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VEERAKUNJU A.U , AGED 49 YEARS

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S/O UMMER, ALANGADAN HOUSE, ALLAPRA P.O,KANDANTHARA KARA VENGOLA VILLAGE,PERUMBAVOOR, PIN - 683556

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BY ADVS.

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SRI.VIJAYABHANU (SR) AJEESH M UMMER NIKITA J. MENDEZ SRUTHY N. BHAT

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RESPONDENT/COMPLAINANT & STATE:

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

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SRI.P.G.MANU (MAMMALASSERY) SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, ALONG WITH Bail Appl..8332/2023, THE COURT ON 07.11.2023 DELIVERED THE FOLLOWING:

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BA No. 8874 & 8332 of 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 MOHAMMED NIAS C.P.

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TUESDAY, THE 7^TH DAY OF NOVEMBER 2023 / 16TH KARTHIKA, 1945

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BAIL APPL. NO. 8332 OF 2023

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CRIME NO.620/2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED NO.2:

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ASHARAF A.U, AGED 50 YEARS S/O UMMER, ALANGADAN HOUSE, ALLAPRA P.O., KANDANTHARA, PERUMBAVOOR, ERNAKULAM, PIN - 683556

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BY ADVS. SRUTHY K K P.VIJAYA BHANU (SR.)(K/421/1984) P.M.RAFIQ(K/45/2001) M.REVIKRISHNAN(K/1268/2004) AJEESH K.SASI(K/166/2006) SRUTHY N. BHAT(K/000579/2017) RAHUL SUNIL(K/000608/2017) NIKITA J. MENDEZ(K/2364/2022) AJEESH M UMMER(K/700/2008)

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RESPONDENT/COMPLAINANT & STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM, PIN - 683542

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BA No. 8874 & 8332 of 2023

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*3 SULFIYA AJEEB W/O AJEEB, EERATHAN HOUSE, KANDANTHARA, VENGOLA PERUMBAVOOR, ERNAKULAM (IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER IN CRL.MA. NO.1/2023 DATED 07.11.2023) BY ADVS. K.I.SAGEER MUHAMMED YASIL SRI.P.G.MANU(MAMMALASSERY)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, ALONG WITH Bail Appl..8874/2023, THE COURT ON 07.11.2023 DELIVERED THE FOLLOWING:

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BA No. 8874 & 8332 of 2023

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MOHAMMED NIAS C.P.J

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BA No. 8874 & 8332 of 2023

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Dated this the 7^th day of November, 2023

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O R D E R

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Apprehending arrest in Crime No.620/2023 of Perumbavoor police station, Ernakulam, registered for offences under Sections 143, 144, 147, 148, 323, 324, 326, 294(b) and 506 of the Indian Penal Code, the third accused in BA No.8874/2023 and second accused in BA No.8332/2023 have filed this petition.

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The prosecution allegation is that the accused persons demanded the younger brother of the father of the defacto complainant to demolish his compound wall, but that was not agreed upon. On account of this enmity, the petitioners herein formed themselves into an unlawful assembly on 28/05/2023 with the knowledge that they were all members of the unlawful assembly at about 9.30 a.m., attacked the brother of the father of the defacto complainant, using a helmet and

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BA No. 8874 & 8332 of 2023

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iron stick and thereby sustained fracture on his ribs and left leg and also sustained injury on his head. The defacto complainant and his son also sustained injuries and thereby committed the aforesaid offences.

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Learned senior counsel appearing for the petitioners in both cases submits that the petitioners were attacked by the defacto complainant for which the Perumbavoor Police station registered Crime No.623/2023. The alleged incident happened when the defacto complainant trespassed into the courtyard of the house of the first accused and assaulted the son and wife of the first accused, and the other relatives and the brother-in-law of the first accused had also sustained a fracture. It was his submission that the uncle of the defacto complainant had jumped over the compound wall of the house of the first accused, and the injuries might have been sustained on account of the fall.

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Learned counsel for the defacto complainant submits that serious injuries were caused and, therefore, a thorough investigation is required and prayed for dismissal of the application seeking anticipatory bail.

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Learned Public Prosecutor also submits that the brother of the father of the defacto complainant was attacked using a helmet and iron

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BA No. 8874 & 8332 of 2023

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stick and had sustained a fracture on his ribs and left leg, apart from the injury on the head.

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Having heard the rival submissions, it is to be noticed that it was on 28/5/2023 that the alleged incident took place at 9.30 p.m. It is to be noticed that on 28/5/2023, the marriage of the niece of the second accused was being conducted in the house where the alleged incident took place. It is improbable that on that day, the petitioners would talk about a boundary dispute or commit assault on the defacto complainant, a close relative. Prima facie, the contention on behalf of the petitioners appears to be true. Of course, the proof of the alleged incident or who was the aggressor is a matter to be decided at the time of the trial. It is also seen that the second accused also sustained an injury. Regarding the incident, there is a case and a countercase, the parties are close relatives and are staying in the same neighbourhood. For the above reasons, I do not think that a custodial interrogation is required. I am inclined to grant anticipatory bail to the petitioners on the following conditions:-

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(i) The petitioners are directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioners. In the event of their arrest, the Investigating officer

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BA No. 8874 & 8332 of 2023

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shall produce the petitioners before the jurisdictional court on the date of surrender itself.

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(ii) On such production, the jurisdictional court shall release the petitioners on bail, on executing separate bonds for Rs.25,000/(Rupees twenty-five thousand only) each by the petitioners and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

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(iii) The petitioners shall cooperate with the investigation and shall make himself available for interrogation and for the purpose of investigation as and

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when the Investigating Officer directs them to do so.

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(iv) The petitioners shall not intimidate the witnesses or interfere with the Investigation in any manner.

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(v) The petitioners shall not be involved in any offence while on bail.

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If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.

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Sd/-

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MOHAMMED NIAS C.P.

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JUDGE

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dlk/2.11.2023

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BA No. 8874 & 8332 of 2023

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APPENDIX OF BAIL APPL. 8332/2023

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PETITIONERS ANNEXURES

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Annexure 1 TRUE COPY OF THE FIR NO. 623/ 2023 DATED 30.05.2023 OF PERUMBAVOOR POLICE STATION, ERNAKULAM Annexure 2 TRUE COPY OF THE ORDER DATED 15.06.2023 PASSED IN CRL.M.C. NO. 1627 /2023 OF THE SESSIONS COURT ERNAKULAM Annexure-3 TRUE COPY OF THE PHOTOS OF THE WEDDING OF THE NIECE OF THE APPLICANT DATED 28-052023 Annexure-4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30-10-2023 AND DISCHARGE SUMMARY DATED 30-05-2023 ISSUED FROM THE HOSPITAL

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BA No. 8874 & 8332 of 2023

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APPENDIX OF BAIL APPL. 8874/2023

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PETITIONER'S ANNEXURES

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Annexure 1 A TRUE COPY OF THE FIR IN CRIME 623/2023 OF PERUMBAVOOR POLICE STATION Annexure 2 A TRUE COPY OF THE FIR AND FIS IN CRIME 620/2023 Annexure 3 A TRUE COPY OF THE ORDER IN CRL.M.C 1627/2023 OF HON,BLE COURT OF SESSIONS, ERNAKULAM DATED 15/06/2023

Asharaf A.U v. State of Kerala

Case brief

What is this about?

What did the court decide?

Asharaf A.U 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

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Case details

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