IRSHAD v. STATE OF KERALA

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. BADHARUDEEN
Judgment Date: 2023-02-15
Court Decision / Holding: The petitions are allowed; the petitioner is enlarged on bail on separate bonds of Rs.50,000 each with two solvent sureties; the bail is subject to conditions including non-commitment of any offence during bail, no intimidation of witnesses, cooperation with investigations, and periodic appearance before the Investigating Officer (every Tuesday for two months or until final report).
Final Disposition: Bail granted to the applicant in both crimes with specified conditions

Parties to the Case

Appellants / Petitioners

IRSHAD

Respondents

State of Kerala, through Station House Officer, Ettumanoor Police Station, Kottayam, represented by Public Prosecutor, High Court of Kerala, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• S. Ranjit
• Gokul Das

Counsels for Respondents

• P. G. Manu, Sr. Public Prosecutor
• Smt. T. V. Neema, Sr. Public Prosecutor

Case Synopsis & Summary

This is a sexual bail petition decision by the High Court of Kerala at Ernakulam concerning IRSHAD, the 1st accused in Crime Nos. 15/2023 and 16/2023 registered at Ettumanoor Police Station, Kottayam. The petitions, filed under Section 439 CrPC, sought regular bail pending trial. The court heard on 15 February 2023, with counsel for the petitioner and the Public Prosecutor presenting arguments. The prosecution alleges that on 02 January 2023, the 1st accused slapped the defacto complainant and, along with accused Nos. 2 and 3, beat him and robbed Rs.5,500 from Prem Prasad; in Crime No.15/2023 the charges include 324, 323, 294(b), 308 read with 34 IPC. In Crime No.16/2023, offences under 323 and 394 read with 34 IPC are stated. The defense submits that two crimes arose from the same occurrence and that the accused is innocent; it notes the accused was arrested on 05 January 2023 and has been in custody since then. The Public Prosecutor highlights the accused’s criminal antecedents and states the investigation is progressing. The court, after perusing the case diary and IO report, finds no serious injuries in medical records but emphasizes stringent bail conditions due to antecedents. It ultimately allows bail on Rs.50,000 bonds with two sureties per crime, imposes conditions to prevent witness intimidation, ensure cooperation, and requires attendance before the IO on Tuesdays for two months or until final report. The order closes with the judge’s endorsement granting bail with specified conditions.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 323, 394 read with Section 34 of the Indian Penal CodeSection 324, 323, 294(b), 308 read with 34 of the Indian Penal CodeSection 34 of the Indian Penal CodeSection 185 MV ActSection 118(e) & 185 MV Act4(2)(d) KEDO

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends innocence and submits that two crimes arose from the same occurrence and were registered on the basis of separate statements by the victims. He argues that there is no evidence of serious injuries and highlights the detention since 05.01.2023. The defence requests regular bail with stringent conditions, asserting that continued custody is unwarranted and that the truth will emerge in trial.

Contentions of Respondents

The State/Prosecution stresses the accused’s criminal antecedents and the ongoing investigation, arguing that bail should be granted with caution to prevent interference with witnesses and to ensure cooperation; it notes the incidents occurred with force and theft, warranting close monitoring under bail.

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 WEDNESDAY, THE 15[TH] DAY OF FEBRUARY 2023/26TH MAGHA, 1944 BAIL APPL. NO.976 OF 2023** **CRIME NO.16/2023 BEFORE THE ETTUMANOOR POLICE STATION,** ## **KOTTAYAM** ## **PETITIONER/ACCUSED NO.1:** IRSHAD, AGED 32 YEARS, S/O.NOUSHAD, SANKARAMALA HOUSE, PEROOR P.O., PEROOR VILLAGE, ETTUMANOOR, KOTTAYAM DISTRICT. PIN - 686 637. BY ADVS. S.RANJIT (K/250/1999) GOKUL DAS V.V.H. ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA, THROUGH STATION HOUSE OFFICER, ETTUMANOOR POLICE STATION, KOTTAYAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682 031. BY ADV. SRI.P.G.MANU, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 15[TH] DAY OF FEBRUARY 2023/26TH MAGHA, 1944 BAIL APPL. NO. 979 OF 2023 CRIME NO.15/2023 BEFORE THE ETTUMANOOR POLICE STATION,** ## **KOTTAYAM** ## **PETITIONER/ACCUSED NO.1:** IRSHAD, AGED 32 YEARS, S/O.NOUSHAD, SANKARAMALA HOUSE, PEROOR P.O., PEROOR VILLAGE, ETTUMANOOR, KOTTAYAM DISTRICT. PIN - 686 637. BY ADVS. S.RANJIT (K/250/1999) GOKUL DAS V.V.H. ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA, THROUGH STATION HOUSE OFFICER, ETTUMANOOR POLICE STATION, KOTTAYAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682 031. BY ADV. SMT.T.V. NEEMA, SR.PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **B.A. Nos.976 & 979 of 2023** 3 ## **O R D E R** ## **Dated, this the 15[th] February, 2023** These are petitions filed under Section 439 of the Code of Criminal Procedure, 1973 and the petitioner is the 1[st] accused in crime Nos.15/2023 & 16/2023 of Ettumanoor Police Station, Kottayam, and the petitioner seeks regular bail. 2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 3. Perused the relevant documents placed by the learned Public Prosecutor form part of the Case Diary and the report of the Investigating Officer in both crimes. 4. The prosecution allegation in Crime No.16/2023 is that at about 10:15 p.m. on 02.01.2023, the 1[st] accused herein slapped on the left cheek of the defacto complainant and accused Nos.2 and 3 beat him. When the defacto complainant fell down, they have taken away Rs.5,500/- from the pocket of Sri.Prasad, the ## **B.A. Nos.976 & 979 of 2023** 4 defacto complainant. This is the premise on which the prosecution alleges commission of offences punishable under Sections 323, 394 read with Section 34 of Indian Penal Code. 5. In Crime No.15/2023 of Ettumanoor Police Station also, the allegation is the same, but the crime was registered on the basis of the FIS given by one Premji, another person, who also sustained injuries in the same occurrence. In this crime, the prosecution allegation is that the 1[st] accused committed offences punishable under Section 324, 323, 294(b), 308 read with 34 of Indian Penal Code. 6. The learned counsel for the petitioner would submit that the petitioner is innocent. According to him, instead of registering one crime, arose out of the same occurrence, two crimes were registered on recording separate statements of the two victims of the same occurrence. Thereafter, the petitioner, who is the 1[st] accused was arrested on 05.01.2023 and **B.A. Nos.976 & 979 of 2023** **==> picture [7 x 9] intentionally omitted <==** has been detained in custody. 7. Highlighting the progress of investigation as well as the custody of the petitioner from 05.01.2023, the learned counsel for the petitioner pressed grant of regular bail. 8. Whereas, the learned Public Prosecutor placed the Case Diary and the report of the Investigating Officer, highlighting the antecedents of the petitioner in the following crimes: - 1) Ettumanoor Police Station, Cr.373/2016 U/s.185 MV Act. - 2) Ettumanoor Police Station, Cr.487/2017 U/s.118(e) & 185 MV Act. - 3) Ettumanoor Police Station, Cr.1120/2021 U/s.4(2)(d) KEDO. - 4) Ettumanoor Police Station, Cr.1038/2022 U/s.151 Cr.P.C. - 5) Kuravilangadu Police Station, Cr.26/2017 U/s.185 MV Act. - 6) Kuravilangadu Police Station, Cr.69/2022 U/s.294(b), 447, 324 IPC. 9. Going through the medical records pertaining to Sri.Premji and Sri.Prasad, no ## **B.A. Nos.976 & 979 of 2023** ## 6 serious injuries noted, apart from abrasions and contusions. 10. Therefore, having appraised the progress of investigation and the detention of the petitioner in custody from 05.01.2023, I am inclined to release him on bail by imposing stringent conditions, since he has criminal antecedents. One among the conditions is that he shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted. 11. Accordingly, these petitions stand allowed and the petitioner is enlarged on bail on the following conditions, with direction to execute separate bail bonds in each crime: _i. The 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._ **B.A. Nos.976 & 979 of 2023** 7 _ii. The petitioner shall not intimidate the witnesses or tamper with evidence. iii. The petitioner shall co-operate with the investigation and shall be available for trial. He shall appear before the Investigating Officer on every Tuesday in between 9 a.m and 12 noon, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. 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 shall be a reason to cancel the bail hereby granted._ Sd/- ## **A.BADHARUDEEN, JUDGE.** ww 8 ## **B.A. Nos.976 & 979 of 2023** ## **APPENDIX OF BAIL APPL. 976/2023** PETITIONER'S ANNEXURES: ANNEXURE-I TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.16/2023 BEFORE THE ETTUMANOOR POLICE STATION, KOTTAYAM. ANNEXURE-II TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.15/2023 BEFORE THE ETTUMANOOR POLICE STATION, KOTTAYAM. ANNEXURE-III CARBON COPY OF THE ORDER DATED 27.01.2023 IN CRL.M.P. NO.213/2023 BEFORE THE SESSIONS COURT, KOTTAYAM. 9 ## **B.A. Nos.976 & 979 of 2023** ## **APPENDIX OF BAIL APPL. 979/2023** PETITIONER'S ANNEXURES: ANNEXURE-I TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.15/2023 BEFORE THE ETTUMANOOR POLICE STATION, KOTTAYAM. ANNEXURE-II TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.16/2023 BEFORE THE ETTUMANOOR POLICE STATION, KOTTAYAM. ANNEXURE-III CARBON COPY OF THE ORDER DATED 27.01.2023 IN CRL.M.P. NO.212/2023 BEFORE THE SESSIONS COURT, KOTTAYAM.