# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
# **`PRESENT`**
```
THE HONOURABLE MR.JUSTICE C.S.DIAS
```
```
TUESDAY, THE 23[RD] DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
```
```
BAIL APPL. NO. 2832 OF 2024
```
```
CRIME NO.253/2024 OF MEDICAL COLLEGE POLICE STATION,
```
## **`KOZHIKODE`**
```
AGAINST THE ORDER/JUDGMENT DATED 26.03.2024 IN CRMC NO.365
OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE
```
## **`PETITIONERS/ACCUSED NO.2 & 5:`**
- **`1 SALAMUL FARIS.T.K. IS CORRECTED AS SALMANUL FARIS.T.K AS PER ORDER DATED 9-4-24 IN CRL.M.A 2/24 AGED 28 YEARS S/O HAMSA, MATHALERI PARAMBATH, UMMALATHOOR, MEDICAL COLLEGE P.O., KOZHIKODE(WITHIN THE JURISDICTION OF MEDICAL COLLEGE POLICE STATION), PIN - 673008`**
- **`2 SADAKKATHULLA.K.K. AGED 38 YEARS S/O MUHAMMED.K.K., KAIKKOTTUKAIL, PANTHEERANKAVU P.O., KOZHIKODE (WITHIN THE JURISDICTION OF PANTHEERANKVU POLICE STATION), PIN - 673019`**
```
BY ADVS.
K.M.JAMALUDHEEN
LATHA PRABHAKARAN
SAINA MARIYAM BABY
```
## **`RESPONDENT/STATE:`**
```
THE STATE OF KERALA,
REP: BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.(INSTRUCTIONS THROUGH THE STATION
HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION,
MEDICAL COLLEGE POST, KOZHIKODE DISTRICT,
PIN - 673008
```
```
BY ADV
SMT T. V. NEEMA – SENIOR PUBLIC PROSECUTOR
```
```
2
```
## **`BAIL APPL. NO. 2832 OF 2024`**
```
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
```
```
3
```
```
BAIL APPL. NO. 2832 OF 2024
```
## **C. S. DIAS, J.**
**-------------------------------------------------------B.A. No. 2832 OF 2024 ------------------------------------------------------Dated this the 23[rd] day of April, 2024**
## **O R D E R**
The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, 'Code'), for an order of pre-arrest bail.
2. The petitioners are the accused 2 and 4 in Crime No.253/2024 of the Medical College Police Station, Kozhikode, which is registered against the accused (five in number) for allegedly committing the offences punishable under Sections 341, 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code, 1860.
3. The essence of the prosecution case is that: on 26.02.2024, at around 20.00 hours, the accused in furtherance of their common intention, restrained the
```
4
```
```
BAIL APPL. NO. 2832 OF 2024
```
defacto complainant and his brother and attacked them with hands. However, the third accused hit the defacto complainant and his brother with an iron rod and the defacto complainant suffered a nasal bone fracture. Thus, the accused have committed the above offences.
4. Heard; Sri. K. M. Jamaludheen, the learned counsel appearing for the petitioners and Smt. Neema T. V., the learned Public Prosecutor.
5. The learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. A reading of the First Information Report would show that the specific overt act is alleged against the third accused, who inflicted the grievous injury on the defacto complainant. There is no specific overt act alleged
```
5
```
```
BAIL APPL. NO. 2832 OF 2024
```
against the petitioners, other than the allegation that they assaulted the defacto complainant and his brother with hands. Therefore, the offences under Sections 326 and 308 IPC will not be attracted. In any given case, the petitioners’ custodial interrogation is not necessary and no recovery is to be effected. Hence, the application may be allowed.
6. The learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. She also stated that if the petitioners are granted an order of pre-arrest bail, it would hamper with the investigation. Hence, the application may be dismissed. However, she did not dispute the fact that, it is the third accused who inflicted the grievous injury on the defacto complainant.
7. After bestowing my anxious consideration to the
facts, the rival submissions made across the Bar and
```
6
```
```
BAIL APPL. NO. 2832 OF 2024
```
materials placed on record, especially on comprehending the fact that it is the third accused who inflicted the grievous injury on the defacto complainant and the only overt act alleged against the petitioners is that they assaulted the defacto complainant and his brother with their hands, I am of the view that the petitioners’ custodial interrogation is unnecessary. Hence, I am inclined to grant an order of pre-arrest bail, but subject to the condition that the petitioners cooperate with the investigation.
In the result, the application is allowed subject to the following conditions:
- i. The petitioners are directed to surrender before the Investigating Officer within 10 days from today;
- ii. In the event of the petitioners’ arrest, the
- Investigating Officer shall release the
```
7
```
```
BAIL APPL. NO. 2832 OF 2024
```
petitioners on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like amount each;
- iii. The petitioners shall appear before the Investigating Officer for interrogation, as and when directed by the Investigating Officer;
- iv. The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;
- v. The petitioners shall surrender their passport before the jurisdictional court concerned, within a period of one week from the date of their release on bail. If they have no passport,
```
8
```
```
BAIL APPL. NO. 2832 OF 2024
```
they shall file an affidavit to the effect before said court within the said period;
- vi. The petitioners shall not get involved in any other offence while on bail;
- vii. 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;
- viii. Applications for deletion/modification of the bail conditions shall also be filed before the court below;
- ix. Needless to mention, it would be well within the powers of the Investigating Officer to investigate the 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
```
9
```
```
BAIL APPL. NO. 2832 OF 2024
```
Hon'ble Supreme Court in **Sushila Aggarwal**
**v. State (NCT of Delhi) And another** [2020
- (1) KHC 663];
x. The observations made in this order are only for the purpose of considering the application and the same shall not be constrained as an expression on the merits of the case to be decided by competent Courts.
**Sd/C.S.DIAS JUDGE**
BR
```
10
```
## **`BAIL APPL. NO. 2832 OF 2024`**
## **`APPENDIX OF BAIL APPL. 2832/2024`**
```
PETITIONER’S ANNEXURES
Annexure ATRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO-253/2024 OF MEDICAL
COLLEGE POLICE STATION DATED 27-2-2024
```
```
RESPONDENT’S ANNEXURES: NIL
```
