High Court of KeralaSingle Judge2023-02-14GRA NTED Regular Bail

Saidali @ Shemi v. State of Kerala

Case / Petition Number:BAIL APPL. NO. 251 OF 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-14
Court Decision / Holding: The petition stands allowed; the petitioner is released on bail on the following conditions: (i) execute a bond of Rs. 50,000 with two solvent sureties of like amount to the satisfaction of the Magistrate; (ii) not intimidate witnesses or tamper with evidence; (iii) cooperate with the investigation and be available for trial; (iv) appear before the Investigating Officer as directed; (v) not involve in any other offence during the currency of bail, with violation to be a ground to cancel bail.
Final Disposition: GRA NTED Regular Bail

Parties to the Case

Appellants / Petitioners

Saidali @ Shemi

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Naveen Radhakrishnan

Counsels for Respondents

• Smt Neema T. V., Sr. Public Prosecutor

Case Synopsis & Summary

In B.A. No. 251 of 2023, before the High Court of Kerala at Ernakulam, the sole accused Saidali @ Shemi seeks regular bail under Section 439 CrPC in Crime No. 1071/2022 of Vattiyoorkavu Police Station. The matter was heard on 2 February 2023 and the order was delivered on 14 February 2023. The prosecution alleges that on 21 December 2022, the defacto complainant was travelling on a motorcycle along Mukkola road when the accused allegedly restrained him, shouted obscene words, and assaulted him on the face, after which he stabbed him with a knife causing injuries to the left hand and back. Offences under IPC 341 (wrongful restraint), 294(b) (obscene words), 323 (voluntarily causing hurt) and 307 (attempt to murder) are invoked, with a further allegation under Section 201 IPC for concealing the weapon and thwarting investigation. The petitioner contends innocence and maintains he has no criminal antecedents; he has been in custody since 27 December 2022. The Public Prosecutor opposes bail, highlighting the seriousness of the offence, the use of a weapon, non-recovery of the weapon, and the accused’s alleged antecedents including crimes in 2012–2013. After considering the record, the judge grants regular bail subject to standard conditions: bond for Rs.50,000 with two sureties, non-interference with witnesses, cooperation, appearance before the investigating officer, no inducement or new offences, and a provision for cancellation on violation.

Provisions of Law Cited

Section 439 of CrPCIPC 341IPC 294(b)IPC 323IPC 307Section 201 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

Learned counsel submits that the petitioner is innocent, the allegations are false, and he has no criminal antecedents. He has been in custody since 27 December 2022, and there is no material establishing proximity to further offences. The defence contends that the prosecution’s case rests on scant evidence and that regular bail with reasonable conditions would not prejudice the investigation. The petitioner requests release on bail to prepare a defense, observe constitutional safeguards, and maintain family and community ties, stressing that the offences cited (sections 341, 294(b), 323, and 307 IPC) do not by themselves mandate custodial detention at this stage. The counsel emphasizes the need to avoid prolonged detention without conclusive proof, while agreeing to comply with conditions including ensuring appearance, cooperation, and refraining from witness tampering or influencing the course of the investigation.

Contentions of Respondents

The Public Prosecutor opposed bail, stressing the seriousness of the offences, the violence used, and the fact that the weapon was not recovered. He submitted that there are allegations of prior antecedents including crimes in 2012–2013. The prosecution argued that the weapon was used and could indicate further risk; one accompanying charge under Section 201 IPC for concealing evidence underscores the gravity. The respondent urged that bail should be denied or severely conditioned given the accused’s alleged influence and possible risk of tampering with witnesses, and that release at this stage could hinder investigation and public order. The necessity to protect the defacto complainant and witnesses was highlighted, with a view toward ensuring a fair trial and preventing recurrence of violence.

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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 TUESDAY, THE 14[TH] DAY OF FEBRUARY 2023 / 25TH MAGHA,** **1944** **BAIL APPL. NO. 251 OF 2023** **CRIME NO.1071/2022 OF vATTIYOORKAVU POLICE STATION** ## **PETITIONER/SOLE ACCUSED :** **SAIDALI @, SHEMI AGED 34 YEARS S/O.AMEER, VARYAKONTHU VEDU, THALAYKKOTTUKONAM AYANIKKADU, KARAKULAM VILLAGE, THIRUVANANTHAPURAM, PIN - 695564** **BY ADV NAVEEN RADHAKRISHNAN** ## **RESPONDENT/STATE :** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** ## **BY SMT NEEMA T V, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02.02.2023, THE COURT ON 14.02.2023 DELIVERED THE FOLLOWING:** B.A.No.251 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.251 of 2023 -------------------------------------------------------Dated this the 14[th] day of February, 2023** ## **O R D E R** This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the sole accused in Crime No.1071 of 2022 of Vattiyoorkavu Police Station. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor. 3. I have perused the Case Diary materials produced by the learned Public Prosecutor. 4. The prosecution case is that, at 6.45 p.m. on 21.12.2022, while the defacto complainant was B.A.No.251 of 2023 ..3.. travelling on his motorcycle bearing registration No.KL21 S 6079 through Mukkola road, the accused herein wrongfully restrained him, uttered obscene words and beat him on his face. Thereafter, the accused stabbed the defacto complainant on his left hand and back, by using a knife, with intention to do away the defacto complainant. On the above sets of fact, the prosecution alleges commission of offences punishable under Sections 341, 294(b), 323 and 307 of the Indian Penal Code. 5. It is submitted by the learned counsel for the petitioner that the petitioner is innocent. According to him, the allegations are false and he has no criminal antecedents. Pointing out his custody from 27.12.2022, the learned counsel for the petitioner pursued regular bail. 6. Whereas the learned Public Prosecutor B.A.No.251 of 2023 ..4.. strongly opposed grant of bail to this petitioner, pointing out the seriousness of the offences and the manner in which, a poor man, who was travelling on a motorcycle, was attacked and caused stab injury to him. It is submitted further that the weapon used to commit the crime was not recovered, since the petitioner concealed the same. Therefore, offence under Section 201 of IPC also would attract in this case. It is submitted further that the petitioner is a person having criminal antecedents and he is an accused in a murder case, as per Crime No.31 of 2012 of Aruvikkara Police Station. Further, he has involvement in another crime vide Crime No.711 of 2013 alleging commission of offences under Sections 143 and 144 of IPC r/w Section 27 of the Arms Act. 7. On perusal of the available materials, it could be gathered that the petitioner, who is having B.A.No.251 of 2023 ..5.. criminal antecedents, wrongfully restrained and assaulted the defacto complainant with intention to do away him and accordingly, he stabbed against the defacto complainant and accordingly, the defacto complainant sustained injuries on his left hand and back. Thus, the prosecution allegation is well made out. Though antecedents reported, the same appears to be occurred during 2012-2013 and there is no involvement of the petitioner in any other crime during the period between 2014 and till this crime. Therefore, having appraised the progress of investigation and the detention of the petitioner in custody from 27.12.2022, I am inclined to release him on bail on conditions and 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 B.A.No.251 of 2023 ..6.. hereby granted. In the result, this petition stands allowed and he is released on bail on the following conditions: 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 Magistrate court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the Investigating Officer as and when directed. 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 B.A.No.251 of 2023 **==> picture [20 x 8] intentionally omitted <==** 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** rkj B.A.No.251 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 251/2023** **PETITIONER ANNEXURES ANNEXURE1 THE CERTIFIED COPY OF THE SAID ORDER IN CRIMINAL M.P. NO 3368 OF 2022 DATED 30.12.2022**