High Court of KeralaSingle Judge2023-01-30Bail applications allowed; accused persons enla...

Bail Applications Nos. 318/2023 and 614/2023

Case / Petition Number:BAIL APPL. NO. 318 OF 2023; BAIL APPL. NO. 614 OF 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. BADHARUDEEN
Judgment Date: 2023-01-30
Court Decision / Holding: The bail applications stand allowed. The petitioners in both crimes are enlarged on bail on the following conditions: i) surrender before the Investigating Officer within ten days and, on such surrender, interrogation and recovery of weapons if any; ii) production before the jurisdictional court on arrest and release on bail on executing bond for Rs.50,000 with two sureties of like amount; iii) cooperation with the investigation and availability for interrogation; iv) no intimidation of witnesses or interference with the investigation; v) no commission of offences during the currency of bail, with breach to cancel bail.
Final Disposition: Bail applications allowed; accused persons enlarged on bail with conditions.

Parties to the Case

Appellants / Petitioners

MUJIB RAHMAN
NOUSHAD
ABDURAHIMAN
HISHAM RAHMAN
MUSTHAFA
SHAHID MUNEER
SALAF RAHMAN

Respondents

STATE OF KERALA represented by Public Prosecutor, High Court of Kerala
STATION HOUSE OFFICER, Tirurangadi Police Station, Malappuram District

Legal Representation & Advocates

Counsels for Petitioners

• K. MOHAMMED RAFEEQ
• P.M. MATHEW
• AMARNATH R LAL
• SANALDEV E.P.
• VISHNUMAYA ANANDAN
• V.S.CHANDRASEKHARAN
• M.V.DAS
• S.JAYAKUMAR
• LEKSHMI SWAMINATHAN
• N.S.SOUMYA MOL
• SHAHIM BIN AZIZ
• (Advocates for the petitioners in respective bail applications)

Counsels for Respondents

• PUBLIC PROSECUTOR (State)
• SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR

Case Synopsis & Summary

The Kerala High Court, Ernakulam, delivered a common order on 30 January 2023 in Bail Applications Nos. 318/2023 and 614/2023 arising from two Tirurangadi police station cases (Crime No. 27/2023 and 29/2023). The petitioners, accused in those cases, sought anticipatory bail. The court notes the allegations involve assault with an intent to do away with the defacto complainant and his son, with injuries sustained, arising out of a dispute pertaining to a partnership business between the parties; offences alleged include Sections 341, 323, 324, 308, and 506 read with 34 IPC. The two crimes stem from the same occurrence; the petitioners are siblings; the court emphasizes that the truth of the allegations is a matter for evidence and that incarcerating defendants at this stage would be heavy, given bilateral nature of case and counter allegations. Therefore, considering the absence of an undisputed risk of flight and the parties' mutual willingness to cooperate, the court enlarges the petitioners on bail, subject to standard conditions: surrender within ten days; production before a magistrate on arrest; bond Rs. 50,000 with two sureties; cooperation with investigation; no witness intimidation; no new offences. The order grants bail in both cases.

Provisions of Law Cited

Section 341 IPCSection 323 IPCSection 324 IPCSection 308 IPCSection 506 read with Section 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend innocence and press for anticipatory bail on the grounds that they are charged in a case arising from a dispute related to a partnership business. They emphasize that the two crimes (27/2023 and 29/2023) involve the same occurrence with case and counter allegations; the truth of the allegations is a matter of evidence to be weighed during investigation and trial. Citing family ties and mutual consent to bail to avoid unnecessary incarceration, counsel argue for conditional bail to facilitate investigation. They undertake full cooperation, agree to surrender as required, promise not to intimidate witnesses, and commit to not committing offences during the currency of bail. Since there is no undisputed flight risk or immediate threat to witnesses, and the parties themselves acknowledge a need for bail to facilitate investigation, the court should exercise prudence and grant anticipatory bail with standard conditions.

Contentions of Respondents

The document records the State’s public prosecutor being heard but does not provide a detailed, separate argument from the State against bail. The prosecution’s stance is summarized as the matter being two related offences arising from the same incident, with the need for a careful balance between investigation and personal liberty. The judge ultimately notes that the materials show injuries and the case is a case and counter; given these circumstances, the court opted to grant bail with conditions to ensure cooperation and protect the investigation while safeguarding the accuseds’ liberty.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` MONDAY, THE 30[TH] DAY OF JANUARY 2023 / 10TH MAGHA, 1944 BAIL APPL. NO. 318 OF 2023 ``` ## **`CRIME NO.27 OF 2023 OF THIRURANGADI POLICE STATION PETITIONER/ACCUSED:`** |**`1`**|**`MUJIB RAHMAN`**| |---|---| ||**`AGED 50 YEARS`**| ||**`KOORMATH HOUSE, CHANTHAPPADI,`**| ||**`TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676306`**| |**`2`**|**`NOUSHAD`**| ||**`AGED 45 YEARS`**| ||**`KOORMATH HOUSE, CHANTHAPPADI,`**| ||**`TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676306`**| |**`3`**|**`ABDURAHIMAN`**| ||**`AGED 28 YEARS`**| ||**`KOORMATH HOUSE, CHANTHAPPADI,`**| ||**`TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676306`**| |**`4`**|**`HISHAM RAHMAN`**| ||**`AGED 25 YEARS`**| ||**`KOORMATH HOUSE, CHANTHAPPADI,`**| ||**`TIRURANGADI, MALAPPURAM DISTRICT, PIN - 676306`**| ||**`BY ADVS.`**| ||**`K.MOHAMMED RAFEEQ`**| ||**`P.M.MATHEW`**| ||**`AMARNATH R LAL`**| ||**`SANALDEV E.P.`**| ||**`VISHNUMAYA ANANDAN`**| |**`RESPONDENT:`**|| |**`1`**|**`STATE OF KERALA`**| ||**`REPRESENTED BY PUBLIC PROSECUTOR,`**| ||**`HIGH COURT OF KERALA, PIN - 682031`**| |**`2`**|**`STATION HOUSE OFFICER`**| ||**`TIRURANGADI POLICE STATION,`**| ||**`MALAPPURAM DISTRICT., PIN - 676306`**| ||**`BY ADV PUBLIC PROSECUTOR`**| ||**`SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR`**| |**`THIS `**|**`BAIL APPLICATION HAVING COME UP FOR ADMISSION ON`**| |**`30.01.2023`**|**`ALONG WITH Bail Appl..614/2023, THE COURT ON THE SAME`**| |**`DAY DELIVERED THE FOLLOWING:`**|| ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` MONDAY, THE 30[TH] DAY OF JANUARY 2023 / 10TH MAGHA, 1944 ``` ``` BAIL APPL. NO. 614 OF 2023 ``` ``` CRIME NO.29/2023 OF TIRURANGADI POLICE STATION ``` ``` PETITIONERS/ACCUSED NOS.1 TO 3: ``` - **`1 MUSTHAFA AGED 55 YEARS S/O ABDURAHIMAN, KOORMATH HOUSE, CHANDANAPPADI, TIRURANGADI, MALAPPURAM, KERALA, PIN - 679577`** - **`2 SHAHID MUNEER AGED 30 YEARS S/O MUSTHAFA, KOORMATH HOUSE, CHANDANAPPADI, TIRURANGADI, MALAPPURAM, KERALA, PIN - 679577`** - **`3 SALAF RAHMAN, AGED 28 YEARS S/O MUSTHAFA, KOORMATH HOUSE, CHANDANAPPADI, TIRURANGADI, MALAPPURAM, KERALA, PIN - 679577 BY ADVS. V.S.CHANDRASEKHARAN M.V.DAS S.JAYAKUMAR LEKSHMI SWAMINATHAN N.S.SOUMYA MOL SHAHIM BIN AZIZ`** - **`RESPONDENTS/COMPLAINANT & THE INVESTIGATING OFFICER: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031`** - **`2 STATION HOUSE OFFICER, TIRURANGADI POLICE STATION, TIRURANGADI P.O, MALAPPURAM DISTRICT, PIN - 676306 SMT.SHEEBA THOMAS, PUBLIC PROSECUTOR`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.01.2023, ALONG WITH Bail Appl..318/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 3 ``` ## **COMMON ORDER** Dated this the 30[th] day of January, 2023 B.A.No.318/2023 is an application for anticipatory bail filed by accused Nos.1 to 4 in crime No.27/2023 of Tirurangadi police station. B.A.No.614/2023 is another application for anticipatory bail filed by accused Nos.1 to 3 in crime No.29/2023 of Tirurangadi police station. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the case diary placed by the learned Public Prosecutor. 4. In fact, these bail applications arose out of two crimes, which were registered as case and counter by the police. 5. The prosecution allegation in crime No.27/2023 is that at 5.40 pm on 07.01.2023, accused Nos.1 to 4 assaulted the defacto complainant with an intention to do away him and ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 4 ``` thereby the defacto complainant and his son sustained injuries. It is alleged that the occurrence arose out of a difference of opinion between the accused and the defacto complainant regarding the accounts pertaining to a partnership business carried out by them. In this crime, the prosecution alleges commission of offences punishable under Sections 341, 323, 324, 308 and 506 read with Section 34 of IPC. In crime No.29/2023, which arose out of the same occurrence, similar allegations are against the injured, in crime No.27/2023 arose out of the same occurrence, where also, the prosecution alleges commission of offences punishable under Sections 341, 323, 324 and 308 read with Section 34 of IPC. 6. The respective counsel appearing for the petitioners pressed for grant of anticipatory bail, on the submission that the petitioners are innocent while attributing complicity against the accused. 7. In this matter, the materials available would go to show that some of the persons were injured. Since this is case ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 5 ``` and counter, the truth of the allegations are definitely matter of evidence. Further the parties are siblings. Therefore, in order to avoid incarceration of the petitioners in jail, they can be enlarged on bail by imposing conditions facilitating investigation since both sides concede for grant of bail to each other. In the result, these bail applications stand allowed. The petitioners in both crimes are enlarged on bail on the following conditions: i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can interrogate the petitioners and can recover the weapons, if any, at the instance of the petitioners. In the event of their arrest, the Investigating Officer shall produce the petitioners before the jurisdictional court on the day of arrest itself. ii. On such production, the jurisdictional Magistrate shall release the petitioners on ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 6 ``` bail, on executing bond for Rs.50,000/(Rupees Fifty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioners shall co-operate with the investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. - iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner. - v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. ## **Sd/-** **A. BADHARUDEEN JUDGE** nkr ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 7 ``` ## **`APPENDIX OF BAIL APPL. 318/2023`** |**`PETITIONER ANNEXURES`**|**`PETITIONER ANNEXURES`**| |---|---| |**`Annexure 1`**|**`TRUE COPY OF THE FIRST INFORMATION`**| ||**`REPORT IN CRIME NO. 27/2023 OF`**| ||**`TIRURANGADI POLICE STATION, MALAPPURAM`**| ||**`DISTRICT`**| |**`Annexure 2`**|**`TRUE COPY OF THE FIRST INFORMATION`**| ||**`REPORT IN CRIME NO. 29/2023 OF`**| ||**`TIRURANGADI POLICE STATION, MALAPPURAM`**| ||**`DISTRICT`**| |**`Annexure A3`**|**`TRUE COPY OF THE MEDICAL RECORDS OF`**| ||**`THE PETITIONER IN BABY MEMORIAL`**| ||**`HOSPITAL, KOZHIKODE DISTRICT`**| ``` BAIL APPL. Nos.318 & 614 OF 2023 ``` ``` 8 ``` ## **`APPENDIX OF BAIL APPL. 614/2023`** ## **`PETITIONER ANNEXURES`** ``` Annexure- A1 ``` ``` A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 8-1-2023 IN CRIME NO.29 OF 2023 ON THE FILES OF THE TIRURANGADI POLICE STATION, MALAPPURAM DISTRICT ``` - **`Annexure- A2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE INJURY OF THE 1ST PETITIONER`** - **`Annexure- A3 TRUE COPY OF THE MEDICAL REPORT AND DISCHARGE SUMMARY ISSUED BY CARDIOLOGY DEPARTMENT ASTER MIMS HOSPITAL DATED 08/01/2023`** ``` Annexure- A4TRUE COPY OF THE MEDICAL REPORT AND DISCHARGE SUMMARY ISSUED BY GENERAL SURGERY DEPARTMENT ASTER MIMS HOSPITAL DATED 05/01/2023 ``` - **`Annexure- A5 TRUE COPIES OF THE MEDICAL CERTIFICATES SERIES ISSUED BY THE GANGA HOSPITAL,COIMBATORE Annexure- A6 A TRUE COPY OF THE FIRST INFORMATION REPORT DATED 7-1-2023 IN CRIME NO. 27 OF 2023 ON THE FILES OF THE TIRURANGADI POLICE STATION, MALAPPURAM DISTRICT`**