Bail Applications Nos. 2446 of 2024 & 2455 of 2024, State of Kerala v. Muhammed Rafi, Muhammed Musthaffa, Sobi @ Devasya and Sijo George

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 11[TH] DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2446 OF 2024 ``` ``` CRIME NO.14/2024 OF Sholayar Police Station, Palakkad ``` ## **`PETITIONERS/ACCUSED 4 AND 5:`** ``` 1MUHAMMED RAFI, AGED 24 YEARS S/O. ISHAK, KARATTUTHODI HOUSE, PAPPINIPPARA, MANJERI, MALAPPURAM DISTRICT., PIN – 676122. ``` ``` 2MUHAMMED MUSTHAFA, AGED 23 YEARS S/O. ANSAR,PARATHODI HOUSE, SHAPPINKUNNU, PULPPATTA, MALAPPURAM DISTRICT, PIN – 676123. ``` ``` BY ADVS. P.SAMSUDIN LIRA A.B. NASRIN WAHAB DEVIKA E.D. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. SMT.NEEMA T V, SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2024 ALONG WITH B.A NO.2455 OF 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 2446 & 2455 OF 2024 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 11[TH] DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2455 OF 2024 ``` ``` CRIME NO.14/2024 OF Sholayar Police Station, Palakkad CMP NO.76 OF 2024 OF MUNSIFF MAGISTRATE COURT, ATTAPADI PETITIONER/ACCUSED 2 AND 6: ``` ``` 1SOBI @ DEVASYA, AGED 42 YEARS S/O PHILIPPOSE, RESIDING AT KAIPPANPLAKKAL, CHITTUR, AGALI, PALAKKAD DISTRICT, PIN – 678581. 2SIJO GEORGE, AGED 42 YEARS S/O C.V.GEORGE, RESIDING AT AGALI, PALAKKAD, PIN – 678581. ``` ``` BY ADVS. T.C.SURESH MENON B.DEEPAK NIKITHA K.V. ``` ## **`RESPONDENT/COMPLAINANT/STATE:`** - **`1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN – 682031.`** ``` 2THE SUB INSPECTOR OF POLICE, SHOLAYUR POLICE STATION STATION, PALAKKAD, PIN – 678581. ``` ## **`SMT.NEEMA T V, SR.PP`** ## **`THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON`** ``` 11.04.2024 ALONG WITH B.A NO.2446 OF 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 2446 & 2455 OF 2024 3 ``` ## **ORDER** The applications are filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused Nos.4, 5, 2 and 6 in Crime No.14 of 2024 of the Sholayar Police Station, Palakkad, registered against the accused (six in number) for allegedly committing the offences punishable under Sections 3 r/w 25(I-B)(a) of Arms Act, 1959. The petitioners arrest was recorded on 14.3.2024. The petitioners were arrested in OR No.2 of 2024 of Sholayur Forest Range Office, Palakkad on 5.3.2024. B.A No.2446 of 2024 is filed by the accused Nos.4 and 5 and B.A No.2455 of 2024 is filed by accused Nos.2 and 6. Since the applications arise out of the same crime, they are consolidated, jointly heard are being disposed by this common order. 2. The crux of the prosecution allegation is that; the accused, in prosecution of their common intention, on 5.3.2024 at about 5.30 hours, entered into the Mele Sambarkode Forest area under the jurisdiction of the Agaly Forest range and killed two spotted deers using a country made gun. The gun, cartridges and pellets were seized from the accused. Thus, the accused have ``` BAIL APPL. NO. 2446 & 2455 OF 2024 4 ``` committed the above offences. 3. Heard; Sri.P.Samsudin and T.C Sureshkumar, the learned counsel appearing for the petitioners and Smt.Neema T.V, the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. In any given case, the petitioners have been in judicial custody since 5.3.2024, the investigation is practically complete and the recovery has been effected. Therefore, the further detention of the petitioners is not necessary. Moreover, the petitioners do not have any criminal antecedents. Hence, the petitioners may be enlarged on bail. 5. The learned Public Prosecutor opposed the applications. The Investigating Officer has filed a Bail Objection Report contending that the petitioners have consciously killed two spotted deers by using a country made gun. The investigation is in progress. If the petitioners are released on bail, there is every likelihood of them tampering the evidence. Hence, the applications be dismissed. 6. The prosecution allegations against the petitioners is that they along with the other accused had trespassed into the ``` BAIL APPL. NO. 2446 & 2455 OF 2024 5 ``` forest area and killed two spotted deers by using a country made gun. Indisputably, the petitioners are in judicial custody since 5.3.2024. The investigation is practically complete and recovery has been effected. 7. On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially taking note of the fact that the petitioners have been in judicial custody since 5.3.2024, the investigation in the case is practically complete, and the recovery has been effected, I am of the view that the petitioners further detention is unnecessary. Hence, I am inclined to allow the bail applications. 8. In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final report is laid. They shall also appear before the Investigating Officer as and when required; (ii) The petitioners shall not directly or indirectly make ``` BAIL APPL. NO. 2446 & 2455 OF 2024 6 ``` any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the ``` BAIL APPL. NO. 2446 & 2455 OF 2024 7 ``` matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. ``` Sd/- C.S.DIAS JUDGE ``` Sru ``` BAIL APPL. NO. 2446 & 2455 OF 2024 8 ``` ## **`APPENDIX OF BAIL APPL. 2446/2024`** ``` PETITIONERS ANNEXURES Annexure A1 ``` ``` TRUE COPY OF THE ORDER DATED 19-03-2024 IN CMP 77/2024 OF THE FILES OF JUDICIAL MAGISTRATE OF THE FIRST CLASS COURT, ATTAPPADY. ``` ``` BAIL APPL. NO. 2446 & 2455 OF 2024 9 ``` ## **`APPENDIX OF BAIL APPL. 2455/2024`** ## **`PETITIONERS ANNEXURES Annexure-A`** ``` TRUE COPY OF THE ORDER IN C.M.P. NO.76/ 2024 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, ATTAPPADY, DATED 19.3.2024. ```