Muhammed Ibrahim vs State Of Kerala

A. Badharudeen, J

This application for regular bail, has been filed under Section 439 of the Code of Criminal Procedure, by the petitioner, who is the 3rd accused in Crime No.17/2023 of Petta Police Station, Thiruvananthapuram.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

I have perused the relevant records.

The prosecution allegation is that, in between 3.00 hours and 3.30 hours on 08.01.2023, accused Nos. 1 to 4 along with other accused, formed into an unlawful assembly, with common object, with knowledge that they are all members of the said assembly, armed with deadly weapons, with intention to commit culpable homicide not amounting to murder, wrongfully restrained the de facto complainant, while he was traveling in a car, bearing registration No.KL-01-CT-7270, by placing the car driven by the accused persons across the car, where the de facto complainant was travelled and thereafter, they have assaulted the de facto complainant with intention to do away him. Pursuant to the said occurrence, crime was registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 342, 294(b), 324, 326, 506(ii), 427, 120B, 307 r/w Section 149 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner would submit that the petitioner is innocent and the allegations are false. He also submitted that, this Court granted regular bail to the 5th accused, as per order in B.A.No.1482/2023, dated 24.2.2023. It is submitted further that the petitioner has been in custody from 13.1.2023 and the investigation has achieved much progress. Therefore, further custody of the petitioner, to effectuate investigation, is not required and therefore, the petitioner is liable to be released on bail.

The learned Public Prosecutor strongly opposed bail, highlighting the seriousness of the offences and also the primitive stage of the investigation. It is submitted by the learned Public Prosecutor that the petitioner is a person, having criminal antecedents and the petitioner chopped the leg of the de facto complainant and thereby, the overt acts at his instance led to serious injuries to the de facto complainant. Accordingly, it is submitted that the petitioner is not liable to be released on bail during the midway of investigation and if he would be released on bail, he would repeat similar crimes.

On perusal of the prosecution records, it is discernible that, one Nidhin sustained very serious injuries including 'compound comminuted fracture shaft of ulna with butterfly fragment' and corresponding injuries throughout his body, though he survived. Similarly, Praveen and Tintu Sekhar also sustained lengthy injuries and the allegation of the prosecution is that, the petitioner herein is the person who attacked Tintu Sekhar and Praveen. But no fracture or serious injuries noted in relation to Tintu Sekhar and Praveen. Since the allegations are serious and there is no necessity to read the complicity of one among the accused in isolation, when he become a member of the unlawful assembly, as his mere presence as a member of the unlawful assembly will be sufficient to make him culpable.

It is true that this Court granted bail to the 5th accused mainly on two grounds. The first ground is that, he, being a first time offender, pressed for grant of bail, to write 3rd year LLB examination, began on 28.2.2023. However, the petitioner herein is standing on a different footing, though the complicity of the accused is one and the same. That is to say, the petitioner has involvement in five more crimes registered in between 2017 to 2021 and this crime is one registered at the beginning of 2023. The medical records available in this case also would justify the prosecution case, since Nidhin, the person, who attempted to be murdered, sustained very serious injuries including fractures as noted hereunder:

Compound comminuted fracture shaft of ulna with butterfly fragment.

Total transected status of median nerve.

Near total transected status of ulnar nerve.

Total transected status of ulnar artery.

Total transected status of all flexor group of muscles of finger and wrist.

Total transected status of extensor musculo tendinous units with substance loss.

Sliced skin with distally avulsed skin flap dorsum of hand with skin loss and partial avascularity.

Zone 5, 6 extensor tendon total oblique injury in middle finger.

Thus, the allegations are very serious. However, the fact remains that the petitioner has been in custody from 13.1.2023 and the investigation has achieved substantive progress. However, the attitude of the petitioner in indulging in multiple crimes, is a matter of serious concern and this Court record the same with extreme dissatisfaction and anxiety. Therefore, grant of bail to the petitioner shall be subject to stringent conditions and one among the conditions is that the petitioner shall not indulge or involve in any other crime during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.

Accordingly, the bail application is allowed and the petitioner can be released on bail, on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Saturdays between 9.00 a.m. and 10.00 a.m., for a period of two months.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.