Bail Appl. No. 5154 and 5155 of 2014. Case: Muhammed Niyad Vs State of Kerala. High Court of Kerala (India)
| Case Number | Bail Appl. No. 5154 and 5155 of 2014 |
| Counsel | For Appellant: O.V. Maniprasad and Jolly George, Advs. and For Respondents: V.S. Sreejith, Public Prosecutor |
| Judges | Thomas P. Joseph, J. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 143, 147, 148, 149, 308, 323, 324, 341, 452, 506(i) |
| Judgement Date | July 14, 2014 |
| Court | High Court of Kerala (India) |
Order:
Thomas P. Joseph, J. (At Ernakulam)
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These applications are preferred by the petitioner seeking bail in Crime Nos.346 of 2014 and 240 of 2014 respectively, of the Payangadi Police Station. Crime No.346 of 2014 is registered for offences punishable under Secs. 143, 147, 148, 452, 341, 323, 324, 308 and 506(i) read with Sec. 149 of IPC on the allegation that on 28.5.2014 at about 1.50 a.m., the petitioner and others trespassed into the hospital of the de facto complainant and attacked him with iron rod, etc. Learned Public Prosecutor submits that petitioner, who is the first accused in Crime No.346 of 2014 used the iron rod and that weapon has not reported to be recovered.
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Crime No.240 of 2014 is registered for offences punishable under Secs. 143, 147, 148, 341, 323, 324, 308 and 506(i) read with Sec. 149 of IPC. The allegation is that on 15.4.2014 while the de facto complainant and another were riding a motorcycle, petitioner and others attacked him with a granite stone etc. Petitioner is the 4th accused in Crime No.240 of 2014. Learned Public Prosecutor submits that the granite stone used by the first accused is recovered.
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Learned counsel submits that the allegations are not true. These cases are falsely registered at the influence of the de facto complainant in Crime No.346 of 2014 against whom there are serious allegations of child abuse. It is submitted that some of the accused in Crime No.346 of 2014 are granted pre-arrest bail by this Court as per order dated 3.7.2014 in B.A.No.4130 of 2014. Some of the accused in Crime No.240 of 2014 are granted pre-arrest bail by this Court as per order dated 12.6.2014 in B.A.No.3973 of 2014. Learned counsel relying on Annexure I submits that petitioner is suffering from Vertebral Tuberculosis and is undergoing treatment. He has to continue the treatment.
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While disposing of B.A.No.4130 of 2014, I directed that investigation be conducted by the Circle Inspector of Police, Thaliparamba. Learned Public Prosecutor submitted that the said officer has taken up investigation of the case.
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So far as Crime No.240 of 2014 is concerned, further detention of the petitioner is not required as no recovery is to be made at his instance. Hence, I am inclined to grant him relief in that case.
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So far as...
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