FAMEER v. STATE OF KERALA

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 THE STATION HOUSE OFFICER, VADAKKEKAD VADAKKEKAD POLICE STATION, VADAKKEKAD POST, THRISSUR DISTRICT, PIN - 679562 OTHER PRESENT: SMT.NEEMA .T.V, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Application No. 315 of 2024 2 C.S.DIAS,J ====================== Bail Application No. 315 of 2024 ----------------------------------- Dated this the 19th day of January, 2024 O R D E R The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the fourth accused in crime No.821/2023 of the Vadakkekad Police Station, Thrissur, registered against the accused (presently four in number), for allegedly committing the offences punishable under Secs.143, 147,148, 341,323, 324, 326, 294(b), 509(ii), 307 read with Sec.149 of the Indian Penal Code. The petitioner was arrested on 4.11.2023.

2. The gist of the prosecution case is that: In pursuance of an enmity between the first accused and the injured, around 3.30 a.m on 17.8.2023 while the defacto Bail Application No. 315 of 2024 3 complainant and injured Faiz were travelling in an auto- rickshaw from Guruvayoor to Veliyamkode, the accused followed them on a scooter and when they reached the place of occurrence, the accused wrongfully restrained the defacto complainant and injured. In prosecution of their common intention, the first accused repeatedly chopped the injured Faiz on various parts of his body with a sword. The said person sustained grievous injuries. Thus, the accused have committed the above offences.

3. Heard; Sri.Ahamed Fazil.E.C the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents.

4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the crime. Bail Application No. 315 of 2024 4 Even going by the first information report, there is no specific overt act alleged against the petitioner. The petitioner has been in judicial custody since 4.11.2023, which is now 67 days. The investigation in the case is practically complete. The petitioner is willing to abide by any condition imposed by this Court. Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. She submitted that the injured had a miraculous escape from death. She handed over the treatment-cum- wound certificate to substantiate the grievous injuries sustained by the injured. Nonetheless, she conceded to the fact that there is no specific overt act alleged against the accused other than stating that he aided the first accused for Bail Application No. 315 of 2024 5 commission of the offences. She also submitted that the investigation in the case is practically complete and the recovery has been effected.

6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that there is no specific overt act alleged against the petitioner, he has been in judicial custody since 4.11.2023, the investigation in the case is practically complete, recovery has been effected and he has no criminal antecedents, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a Bail Application No. 315 of 2024 6 bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner 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 him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; Bail Application No. 315 of 2024 7 (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer; (vi) 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. Bail Application No. 315 of 2024 8 (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (viii) 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 petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. sd/- sks/19.1.2024 C.S.DIAS, JUDGE Bail Application No. 315 of 2024 9 APPENDIX OF BAIL APPL. 315/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 08.01.2023 IN CRL.M.C. NO. 1898 OF 2023 PASSED BY FIRST ADDITIONAL SESSIONS JUDGE, THRISSUR