BY AD v. B.MUHAMMED SHAHEEL

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 NIKHIL T.K, AGED 27 YEARS, S/O CHANDRAN, PUTHENCHERITHAZHEKUNI, IRINGATH P.O, KOYILANDY TALUK, KOZHIKODE DISTRICT ( IS IMPLEADED AS ADDITIONAL SECOND RESPONDENT AS PER ORDER DATED B.A. NOS.11019 & 11545 OF 2023 2 9/1/2024 IN CRL.M.A NO.2/2023 IN B.A.NO. 11019 OF 2023 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

09.01.2024, ALONG WITH Bail Appl.11545/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. NOS.11019 & 11545 OF 2023 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945 BAIL APPL. NO. 11545 OF 2023 CRIME NO.703/2023 OF PAYYOLI POLICE STATION, KOZHIKODE PETITIONERS: 1 2 ABDURAHEEM AGED 46 YEARS S/O. AMMED, CHALUPARAMBIL HOUSE, PAYYOLI ANGADI(PO), KOYILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673523 SHAFEEL AGED 28 YEARS S/O. AMMED, CHALUPARAMBIL HOUSE, MEPPAYUR (PO), KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673524 BY ADV B.MUHAMMED SHAHEEL RESPONDENTS: 1 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 NIKHIL T.K AGED 27 YEARS S/O CHANDRAN, PUTHENCHERITHAZHEKUNI, IRINGATH P.O, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN – 673523 SR. PUBLIC PROSECUTOR SMT. NEEMA T.V. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

09.01.2024, ALONG WITH Bail Appl.11019/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. NOS.11019 & 11545 OF 2023 4 Dated this the 9th day of January, 2024 COMMON ORDER The applications are filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre- arrest bail.

2. The petitioners in B.A.No. 11019/2023 are the accused 1 to 3 and the petitioners in B.A.No.11545/2023 are the accused 4 and 5 in Crime No.703/2023 of Payyoli Police Station, Kozhikode, registered against them for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 323, 324, 395, 427, 506 r/w Section 149 of the Indian Penal Code.

3. The prosecution case, in short, is that; on

14.11.2023 at about 14.50 hours, the accused 1 to 6 wrongfully restrained the de facto complainant and his friend in the premises of Kuluppa Salafi College and the accused damaged the front glass of the vehicle belonging to the de facto complainant. Thereafter, the first accused B.A. NOS.11019 & 11545 OF 2023 5 hit on the face of the de facto complainant with a stone, accused 1 and 2 pulled him out from the car, and the third accused kicked him on his abdomen and they forcefully took away the mobile phone and key of the vehicle. Thus, the accused have committed the above offences.

4. Heard; Sri.B.Muhammed Shaheel, the learned counsel appearing for the petitioners and Sri.C.S. Hrithwik and Smt. Neema T.V. the learned Public Prosecutors.

5. The learned counsel for the petitioners strenuously argued that the petitioners are totally innocent of the accusation levelled against them. The case is falsely registered against the petitioners and only an arm twisting tactics adopted by the de facto complainant. In fact, the de facto complainant had eloped with the daughter of the 4th accused after her marriage was solemnized. It is only to wreck vengeance on the accused, the present crime has been registered. B.A. NOS.11019 & 11545 OF 2023 6 The petitioners hail from respectful families and have no criminal antecedents. The petitioners are ready to co- operate with the investigation. Hence, they are entitled to an order of pre-arrest bail.

6. The learned Public Prosecutor opposed the applications. They in unison submitted that the de facto complainant has sustained a fracture. It was the 1st petitioner/1st accused who has caused the fracture to the de facto complainant. The investigation is in progress. There is every likelihood of the petitioners interfering with the investigation. Hence, the applications may be dismissed.

7. On an anxious consideration of the materials placed on record, it is evident that the incident occurred on 14.11.2023 at about 14.50 hours. Annexure A1 FIR is seen registered on 15.11.2023 at 17.02 hours alleging the petitioners to have committed the above offences. The learned Public Prosecutor now submits that Section 326 of IPC has been incorporated, since the de facto B.A. NOS.11019 & 11545 OF 2023 7 complainant sustained a fracture due to the assault of the 1st petitioner/1st accused. Therefore, the custodial interrogation of the 1st petitioner is necessary for the proper investigation of the crime.

8. After bestowing my anxious consideration to the materials placed on record, and the rival submissions made across the Bar, I am of the definite view that custodial interrogation of the 1st petitioner/1st accused is necessary, and ends of justice would be met by granting the accused 2 to 5 an order of pre-arrest bail, but with a rider to co-operate with the Investigating Officer. Thus, the application filed by the 1st accused is dismissed and the applications of the accused 2 to 5 are allowed. In the result; (i) B.A. No. 11019/2023 filed by the 1st petitioner/1st accused is dismissed. (ii) B.A. No. 11019/2023 filed by the accused 2 and 3 and B.A. No.11545/2023 filed by the accused 4 and 5 (jointly called as petitioners) are allowed in the following B.A. NOS.11019 & 11545 OF 2023 8 manner: i) The petitioners in the two applications mentioned above are directed to surrender before the Investigating Officer within ten days from today. ii) In the event of the petitioners arrest, the Investigating Officer shall produce them before the jurisdictional court on the date of surrender itself. iii). On such production, the jurisdictional court shall release the petitioners on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court; iv). The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; v). The petitioners shall not intimidate witnesses or interfere with the investigation in any manner; vi). The petitioners shall not get involved in any other B.A. NOS.11019 & 11545 OF 2023 9 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 be filed and entertained before the court below. rmm9/1/2024 SD/- C.S.DIAS, JUDGE