SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Salmanul Faris vs State Of Kerala on 3 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

Bail Appl..No. 3402 of 2019

CRIME NO. 322/2019 OF THAMARASSERY POLICE STATION ,
KOZHIKODE

PETITIONER/S:

SALMANUL FARIS
AGED 19 YEARS
S/O.ABDUL MAJEED,MELEMUKKALAMBADI HOUSE,
PARAPPANPOYIL,RAROTH VILLAGE,THAMARASSERY
TALUK,KOZHIKODE DISTRICT.

BY ADV. SRI.LUIZ GODWIN D COUTH

RESPONDENT/S:

STATE OF KERALA
REPRESENTED BY SUB INSPECTOR,
THAMARASSERY POLICE STATION,THROUGH THE PUBLIC
PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM-682031.

OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.06.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BA No. 3402 of 2019

..2..

ALEXANDER THOMAS, J.
————————————————–
BA No. 3402 of 2019
————————————————–
Dated this the 3rd day of June, 2019

ORDER

The petitioner has been arrayed as accused No.1 in Crime No.

322 of 2019 of Thamarassery Police Station registered for the

offences under Sections 143, 147, 148, 324, 341 354 r/w

Section 149 of the Indian Penal Code.

2. The prosecution case, in brief, is that on 07.04.2019 at about

23.00 hrs, while the lady defacto complainant and her husband

were travelling in a motor cycle and reached at Parappanpoyil,

the accused persons 1 to 6 after forming themselves into an

unlawful assembly knowing that they are all members of the said

assembly, wrongfully restrained the lady defacto complainant

and her husband and beat the husband of the lady defacto

complainant with wooden log and the first accused caught hold

of the hand of the lady defacto complainant and pushed her

down and thereby the accused persons committed the offences.

3. It is pointed out that accused 2 to 4 have already been granted

pre arrest bail by the learned Sessions Court as per Annex.A
BA No. 3402 of 2019

..3..

order dated 20.04.2019. The ground stated therein for denying

anticipatory bail to the petitioner (first accused) is that there is

an allegation that he had outraged the modesty of the lady

defacto complainant.

4. After hearing both sides, it is seen that the main allegation raised

in the instant crime to implicate the petitioner as first accused

for the offence under Section 354 IPC (which is the sole bailable

offence in this case) is that the petitioner had caught hold of the

hand of the lady defacto complainant and had pushed her down.

Taking note of the facts and circumstances of the case and also

the fact that accused 2 to 4 have already been granted pre arrest

bail, this Court is of the view that the plea of the petitioner for

pre-arrest bail could be considered.

5. The prosecution has raised an apprehension that the petitioner

may intimidate and influence the witnesses including the lady

defacto complainant, if he is released on bail. The said

apprehension of the prosecution cannot be ruled out and the

same could be alleviated by directing that the petitioner shall not

reside anywhere within the territorial limits of the district, where

the lady defacto complainant resides, until the conclusion of the
BA No. 3402 of 2019

..4..

trial. Accordingly, the following directions and orders are

passed.

i. The petitioner will immediately personally appear before the
Investigating Officer in Crime No.322/2019 of Thamarassery Police
Station for interrogation purposes without any delay at 10 am on any
day on or before 14.05.2019.

ii. The petitioner will fully co-operate with the Investigating Officer in
the conduct of the above interrogation process.
iii. After the interrogation process is over, in case the Investigating
Officer arrests the petitioner in relation to the abovesaid crime, then
he shall be released on bail on executing bond for Rs.50,000/-
(Rupees fifty thousand only) and on furnishing two solvent sureties
for the like sum, each to the satisfaction of the Investigating Officer
concerned.

6. Further it is also ordered that the grant of bail will be subject to

following conditions:-

i. The petitioner shall not involve in any criminal offences of similar
nature.

ii. The petitioner shall fully co-operate with the investigation.
iii. The petitioner shall report before the investigating officer as and
when required in that connection.

iv. The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
v. The petitioner shall not go or visit anywhere near the residence or
workplace of the lady defacto complainant until the conclusion of
trial.

vi. The petitioner shall not enter into or reside anywhere within the
territorial limits of the district, where the lady defacto complainant
resides, until the conclusion of the trial, except for the limited
purpose of reporting before the investigating officer or in any other
cases or for contacting his lawyer. However, if the petitioner has any
emergent personal reason to visit that area, he can do so only with
the prior permission of the investigating officer.
vii. The investigating officer will depute a police constable, preferably a
woman constable, to the residence of the lady defacto complainant
one in four weeks or six weeks to ascertain as to whether she or her
family member had been, in any manner, intimidated or influenced
by the petitioner and if anything adverse comes to the notice of the
investigating officer, then he shall strictly deal with the matter in
accordance with law.

If there is any violation of the abovesaid conditions by

the petitioner, then the jurisdictional court concerned stand
BA No. 3402 of 2019

..5..

hereby empowered, to consider the plea for cancellation of

bail at the appropriate time.

With these observations and directions, this bail application

stands accordingly disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
bka/

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation