Shahul Hameed v. State of Kerala

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 12[TH] DAY OF APRIL 2023 / 22ND CHAITHRA, 1945** **BAIL APPL. NO. 2787 OF 2023** **CRIME NO.1015/2022 OF INFOPARK POLICE STATION, ERNAKULAM DISTRICT** ## **PETITIONER/6TH ACCUSED:** **SHAHUL HAMEED AGED 35 YEARS, S/O MUHAMMED KUNJU, KALAPURACKAL HOUSE, HMT COLONY, KALAMASSERY, ERNAKULAM, PIN - 683503 BY ADVS. R.ROHITH HARISHMA P. THAMPI** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** **SR PP - T V NEEMA** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.No. 2787 of 2023 2 ## **ORDER** ## **Dated this the 12[th] day of April, 2023** This is an application for regular bail filed by the 6[th] accused in Crime No. 1015 of 2022 of Infopark Police station, Ernakulam. 2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor. 3. I have perused the case diary as such and the documents placed by the learned counsel for the petitioner and the defacto complainant. 4. Shown off unnecessary averments, the prosecution allegation is that, at about 1.15 pm on 23.12.2022, the accused herein criminally trespassed upon the office of the defacto complainant where ‘Brawny Brute' Family Studio Health and Bautique Clinic has been functioning and thereafter, the first accused beat the defacto complainant and his staff by using a hammer and a wooden stick and thereby the first accused forcefully obtained a cheque signed by the defacto complainant. B.A.No. 2787 of 2023 3 The further allegation is that the accused herein robbed away the files, laptop, treatment equipment, i20 car bearing registration No.KL-40-L 3141, ATM card, gold, dress, speaker to the tune of Rs.14,80,000/-. The further allegation is that they have poured salt at the office of the defacto complainant so as to make it appear the same as MDMA along with injections and narcotic drugs and thereafter taken the photographs of the defacto complainant along with those items with intimidation that those photographs would be used to show the defacto complainant as a person engaged in sale of the Narcotic Drugs and Psychotropic Substances. It is alleged further that they beat the defacto complainant and thereby the defacto complainant sustained injuries on his face and eyes. According to the defacto complainant/prosecution, the accused herein was there at the office at 6 pm and all the accused jointly involved in this crime. Pursuant to forwarding of a complaint lodged by the defacto complainant before the Deputy Commissioner of Police as on 24.12.2022, crime was registered at 11.35 pm on 23.12.2022 alleging that the accused herein committed offences punishable under Sections 452, 324, 328, 395, 427 and 506(ii) read with B.A.No. 2787 of 2023 4 Section 212 of IPC. 5. While pressing for the grant of regular bail to the petitioner, who had been nabbed and detained in custody from 23.01.2023 onwards, the learned counsel for the petitioner submitted that the conduct of the de facto complainant, after the occurrence shadows doubt in the prosecution case. Further, it is submitted that the investigation requiring the custody of the petitioner is practically over. The learned counsel for the petitioner also pointed out that, the 8[th] accused in this crime was granted regular bail by this Court vide B.A.No.2121 of 2023. Therefore, taking note of the above aspects, the petitioner may be released on bail and he is ready to co-operate with the investigation and trial. 6. The learned Public Prosecutor would submit that the allegation herein are serious. It is also submitted that accused Nos. 1, 2, 3, 5, 9, 10, and 12 filed anticipatory bail applications before this court vide B.A.Nos. 928, 1004, 1140, 1161 of 2023 before this court, and after considering the rival contentions, including submissions made by the de facto complainant, this court dismissed the above anticipatory bail applications. It is B.A.No. 2787 of 2023 5 also submitted that since the investigation is at the initial stage, and the recovery of the articles alleged to be taken over by the accused not so far effected, premature release of the petitioner could not be considered. It is also pointed out that the other accused were not arrested so far. 7. On perusal of the case diary, the prosecution allegation is well made out, _prima facie_ . On perusal of the wound certificate prepared at Sunrise Hospital, Kakkanadu at 6.26 pm on 23.12.2022, the one and only injury noted by clinical examination is injury peri orbital area. It is to be noted that thereafter, the defacto complainant met Doctor at MAJ Hospital, Edapally on 25.12.2022 in the morning and CT Scan examination in the face of defacto complainant was done. The impression in the CT Scan report are as under: 1. Possible undisplaced fractures noted in roofmedial wall of right orbit. 2. Pneumo-orbit noted on right. 3. Polypoidal mucosal thickening noted in bilateral maxillary sinus. Based on the CT Scan study, undisplaced fractures noted in B.A.No. 2787 of 2023 6 ## roof-medial wall of right orbit was diagnosed. 8. Though it is submitted by the learned counsel appearing for the petitioner that, the de facto complainant failed to lodge a complaint in time and the available records would go to show that the de facto complainant was illegally detained up to 6 pm on 23.12.2022 and thereafter, he sought medical aid. The crime was registered on 25.12.2022. The de facto complainant lodged a complaint on 24.12.2022 without much delay to the Deputy Commissioner of Police. Therefore, the prosecution allegations are well made out. On perusal of the report of the Investigating Officer, the petitioner herein has involvement in crime No.949/2022 of Aluva East Police Station where the prosecution alleges commission of offences punishable under Sections 341, 323, 324, 325, 326, 307, 427, 212 r/w 34 of IPC. 9. It is true that the petitioner is a person, who has been involved in one more crime during 2022 itself. This is the second crime registered against him. This crime was registered in the year 2022. The petitioner has been in custody for the last sixtyeight days. On perusal of the prosecution records, the custody of the petitioner for the purpose of investigation found to be not B.A.No. 2787 of 2023 7 necessary further. Therefore, the petitioner can be enlarged on bail, on 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 Jurisdictional 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, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months. 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 office. v. The petitioner shall not leave India without prior permission of the Jurisdictional Court. B.A.No. 2787 of 2023 8 vi. 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** SK