Nishad Vs. State of Kerala

Nishad vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 26, 2013

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https://sooperkanoon.com/case/1022272

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Citation: sooperkanoon.com/1022272
Court: Kerala High Court
Judge: Honourable Mr.Justice S.S.Satheesachandran
Decided On: Aug 26, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Nishad

Respondent

State of Kerala

Excerpt

.....other accused in the crime are still at large and release of petitioner, at this stage, will embolden them to threaten policemen and also take the law into their hand. in case petitioner is released, stringent conditions be imposed to ensure that he will not interfere or obstruct the investigation of crime, is the further submission of learned public prosecutor.4. after hearing the submissions made by counsel on both sides with reference to the facts and circumstances presented, i find, at this stage, taking into account the period of detention already suffered by petitioner, he can be released b.a.no.5674 o”3. on bail imposing adequate conditions safeguarding smooth completion of investigation of crime. petitioner is directed to be released on bail subject to the following conditions :- i. petitioner shall execute a bond for rs.20,000/- (rupees twenty thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the judicial first class magistrate, mananthavady. ii. petitioner shall report before the investigating officer once in a week on every monday at a time between 10.00. a.m. and 12.00.noon for a period of six weeks or till completion of the investigation of the crime, whichever is earlier. iii. petitioner shall not intimidate, terrorise or influence any person acquainted with the facts of case so as to dissuade him from disclosing such facts before police or court, as the case may be, and nor shall he do any act or make any attempt to obliterate the evidence of crime. iv. petitioner shall not leave the state for a period of six months from the date of his release without getting prior permission from the investigating officer in writing. petition is allowed. sd/- s.s.satheesachandran, judge true copy p.a.to judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 26TH DAY OF AUGUST 2013 4TH BHADRA, 1935 Bail Appl.No. 5674 of 2013 () ------------------------------- AGAINST THE ORDER/

JUDGMENT

IN CRMP 1748 2013 of D.C. & SESIONS & MACT, KALPETTA DATED 13 08-2013 AGAINST THE ORDER/

JUDGMENT

IN CMP 1027/2013 of J.M.F.C, MANANTHAVADY DATED 26 07-2013 CRIME NO. 281/2013 OF PANAMARAM POLICE STATION, WAYANAD PETITIONER/ ACCUSED : ----------------------- NISHAD, S/O.SULIMAN, AGED 2 YEARS, PATHARI HOUSE, ANHANIKUNNU, NEERVARAM, PANAMARAM WAYANAD DISTRICT. BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENTS/ COMPLAINANT : ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, PANAMARAM POLICE STATION, WAYANAD DISTRICT. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.5674 of 2013 ----------------------------------- Dated this the 26th day of August, 2013 ORDER Petitioner is one among the accused (A5) in Crime No.281 of 2013 of Panamaram Police Station, Wayanad District registered for offences punishable under Sections 143, 147, 342, 332, 353, 307 and 397 r/w.149 of the Indian Penal Code and Section 117(e) of the Kerala Police Act. He has filed the above application seeking his release on bail under Section 439 of the Code of Criminal Procedure (for short "the Code").

2. Allegation is that on 17.07.2013, a police party headed by Assistant Sub Inspector of Police, Panamaram Police Station conducted a raid over the shop of one Shoukath, having suspicion of storage and sale of panparag in that shop. In the raid panparag stored for sale in that shop was detected. Shoukath was arrested. When he was being taken to police station, a group of people consisting of 50 persons restrained the police party intimidated them and prevented them from discharging their official duties. Further allegation is that the group referred to above as members of an unlawful assembly attacked the policemen with intend to commit their murder, caused injury to some of the policemen and robbed a sum of B.A.No.5674 o”

2. Rs.6000/- from one among them. They also got Shoukath, already arrested, released forcefully from the custody of police. Crime registered over the above incident is now pending investigation. Petitioner was arrested on 22.07.2013, and on production before the magistrate he was remanded to judicial custody.

3. Learned counsel for petitioner submits that he is innocent and has been falsely implicated in the crime. He is prepared to abide by any condition imposed by this court for his release on bail, is the further submission of his counsel. Opposing the application learned public prosecutor submitted that other accused in the crime are still at large and release of petitioner, at this stage, will embolden them to threaten policemen and also take the law into their hand. In case petitioner is released, stringent conditions be imposed to ensure that he will not interfere or obstruct the investigation of crime, is the further submission of learned public prosecutor.

4. After hearing the submissions made by counsel on both sides with reference to the facts and circumstances presented, I find, at this stage, taking into account the period of detention already suffered by petitioner, he can be released B.A.No.5674 o”

3. on bail imposing adequate conditions safeguarding smooth completion of investigation of crime. Petitioner is directed to be released on bail subject to the following conditions :- i. Petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate, Mananthavady. ii. Petitioner shall report before the investigating officer once in a week on every Monday at a time between 10.00. a.m. and 12.00.noon for a period of six weeks or till completion of the investigation of the crime, whichever is earlier. iii. Petitioner shall not intimidate, terrorise or influence any person acquainted with the facts of case so as to dissuade him from disclosing such facts before police or court, as the case may be, and nor shall he do any act or make any attempt to obliterate the evidence of crime. iv. Petitioner shall not leave the State for a period of six months from the date of his release without getting prior permission from the investigating officer in writing. Petition is allowed. Sd/- S.S.SATHEESACHANDRAN, JUDGE True Copy P.A.to Judge RKM

Same Court & Year Kerala · 2013 Same Parties Nishad vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice S.S.Satheesachandran