IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 3^RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946 BAIL APPL. NO. 1468 OF 2024 CRIME NO.3/2024 OF Vengara Police Station, Malappuram PETITIONER/S:

1 ABDUL SAMAD KANNETH,AGED 58 YEARS,S/O. AHAMMEDKUTTY, KANNETH HOUSE, CHEROOR, KANNAMANGALAM, MALAPPURAM, PIN - 676304

2 SAKKEER ALI KANNETH,AGED 38 YEARS,S/O. KANNETH KUNJIMUHAMMED, KANNETH HOUSE, CHEROOR, KANNAMANGALAM, MALAPPURAM, PIN - 676304

3 KAMAL PASHA,AGED 38 YEARS,S/O. MOIDEENKUTTY HAJI, KANNETH HOUSE, CHEROOR, KANNAMANGALAM, MALAPPURAM, PIN - 676304

4 ABDUL KHADER,AGED 58 YEARS,S/O. MOIDEENKUTTY, KANNETH HOUSE, CHEROOR, KANNAMANGALAM, MALAPPURAM, PIN - 676304

5 KANNETH KUNJIMUHAMMED @ BAVA,AGED 62 YEARS,S/O. MOIDEENKUTTY HAJI, KANNETH HOUSE, CHEROOR, KANNAMANGALAM, MALAPPURAM, PIN - 676304

6 ANWAR SADIQUE,AGED 34 YEARS,S/O. KUNJIMUHAMMED,KANNETH HOUSE, CHEROOR, KANNAMANGALAM,MALAPPURAM, PIN - 676304 BY ADVS.

P.MOHANDAS (ERNAKULAM),K.SUDHINKUMAR,SABU PULLAN,GOKUL D.

SUDHAKARAN,R.BHASKARA KRISHNAN,BHARATH MOHAN,K.P.SATHEESAN (SR.)

ESPONDENT/S:

1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, MALAPPURAM DISTRICT, PIN - 676304

3 SHAHIDA A.P,W/O HILLER MOHAMMED, PULLATH HOUSE, CHERUR, KANNAMANGALAM BY ADVS.

SIDHARTH O.,SUSANTH SHAJI,ALBIN A. JOSEPH, Sr PP Sri C.S Hrithwik THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.S.DIAS,J ======================

BA No.1468 of 2024 -----------------------------------

Dated this the 3^rd day of April, 2024

O R D E R

The application is filed under Sec.438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2. The petitioners are the accused 1 to 6 in Crime No.3/2024 of the Vengara Police Station, Malappuram, registered against them, for allegedly committing the offences punishable under Sections 143, 147, 148, 341, 324, 326 and

149 of the Indian Penal Code (in short, 'IPC').

3. The essence of the prosecution case is that: on

27.11.2023 at around 10.15 a.m, the accused, in prosecution of their common intention, formed themselves into an unlawful assembly, armed with deadly weapons like iron rods and sticks and they wrongfully confined the husband of the de facto complainant and his brother. The accused hit on the head of the husband of the de facto complainant with an iron rod and caused injuries to his eye, which resulted in privation of his eye sight. The brother of the de facto complainant also suffered injuries. Thus, the accused have committed the above offences.

4. Heard; Sri.K.P Satheesan, the learned Senior Counsel appearing for the petitioners, Sri.C.S Hrithwik, the learned Public Prosecutor and Sri.Susanth Shaji, the learned counsel appearing for the intervenor/de facto complainant.

5. The learned Senior Counsel submitted that a reading of Annexure-II FIR would substantiate that the offence under Section 326 will not be attracted. The Investigating Officer has deliberately incorporated the said offence only to deny bail to the petitioners. In fact, the petitioners have already appeared before the Investigating Officer and their interrogation has been completed. Therefore, the petitioners’ custodial interrogation is not necessary. Likewise, the recovery has also been effected. Moreover, in the counter- case registered against the de facto complainant’s relatives, this Court has already granted the accused in crime No.965/2023 an order of pre-arrest bail. The petitioners claim parity with the accused in the counter-case. Therefore, the application may be allowed.

6. The learned Public Prosecutor opposed the application.

He made available the discharge certificate of Hiler Muhammed - the husband of the de facto complainant dated 9.1.2024 issued by the Government Medical College Hospital, Kozhikode, to substantiate the fact that the injured had suffered a retinal detachment. He submitted t