IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5347 of 2008()
1. MUHAMMED NAZIR @ NAZIR,
... Petitioner
2. RAFEEQUE, S/O.MUHAMMED KUNHI HAJI,
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/09/2008
O R D E R
K.HEMA, J.
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B.A.No.5347 of 2008
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Dated this the 17th day of September, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 324, 365 and
308 read with Section 34 IPC. According to prosecution,
petitioners along with another allegedly took the defacto
complainant by force into a vehicle while he was proceeding
along the road and assaulted him. Two weapons were used for
the offence (one sharp weapon and another is an iron lever).
This incident occurred on 17.8.2008 at about 4.15 p.m.
3. Learned counsel for the petitioners submitted that the
petitioners were hospitalised , sustained serious injuries in an
assault made on them, on 21.7.2008 by the defacto complainant
and his brother. In the assault, first petitioner had sustained as
many as five incised wounds over the left forearm, upper arm,
lower part of the neck, vertex and right thump. Second
petitioner had sustained fracture dislocation of PIP joint of right
ring finger and he was also hospitalised in connection with the
BA No.5347/08 2
said incident. It is highly improbable that within a short span of
time, on 17.8.2008, petitioners had forcibly taken the defacto
complainant into a vehicle, it is submitted. According to learned
counsel for the petitioners, petitioners were not in a physically fit
condition to commit the said offence.
4. It is also pointed out that even as per the First
Information Statement, the allegation is that the first petitioner
had “drawn” on both the hands and back and chest with a sharp
weapon. Majority of the injuries sustained are all abrasions also.
It is also submitted that the defacto complainant was allegedly
beaten with an iron lever on the forehead and when he evaded, it
hit on the forehead and he sustained an injury. But, as per the
wound certificate, an incised wound is caused on the forehead,
which is unlikely to be caused by an iron lever, it is submitted.
5. Learned counsel for the petitioners also argued that
the petitioners are totally innocent of the allegations made. A
false complaint has been lodged by creating some abrasions on
the body and this was done for pressuring petitioners for
settling the earlier case, which occurred on 21.7.2008. The
defacto complainant and the petitioners are close relatives. The
BA No.5347/08 3
FI statement was registered a few days prior to the betrothal of
the first petitioner.
6. This petition is opposed. Learned public prosecutor
submitted that the defacto complainant sustained incised injury
on the forehead and also other abrasions and those are only
consistent with the allegations made. Two weapons are used for
the offence and those are to be recovered. The investigation is
at the initial stage, it is submitted.
7. After hearing both sides, particularly, on going
through the case diary and the materials so far available therein,
also perusing the documents relating to the injuries sustained by
the petitioners in the earlier incident etc., I find that anticipatory
bail can be granted to the petitioners.
Hence, the following order is passed:
(i) Petitioners shall surrender before the
Investigating Officer within seven days from
today and they shall make themselves available
for interrogation and co-operate with the
investigation.
(ii) Thereafter, in the event of their arrest, if any,
BA No.5347/08 4
petitioners shall be released on bail on their
executing bond for Rs.25,000/- each with two
solvent sureties each for the like sum to the
satisfaction of the arresting officer on condition
that they will report before the Investigating
Officer as and when directed and co-operate
with the investigation.
The petition is allowed.
K.HEMA, JUDGE
csl