Riyas vs State of Kerala

RIYAS vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 03, 2025

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Citation: sooperkanoon.com/1280057
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 03, 2025
Case Number: Bail Appl./4431/2025
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

RIYAS

Respondent

State of Kerala

Excerpt

.....j.-------------------------------- b.a. no.4431 of 2025 ---------------------------------------------- dated this the 07th day of april, 2025orderthis bail application is filed under section 483 of bharatiya nagarik suraksha sanhita.2. petitioner is the accused in crime no.114/2025 of kalpakancherry police station. the above case is registered against the petitioner alleging offences punishable under sections 329(3) & 109(1) of the bharatiya nyaya sanhita (for short, bns).3. the prosecution case is that, the petitionercriminally trespassed into the courtyard of the house of the defacto complainant with a chopper, criminally intimidated him with death and cut his left hand and head with chopper and attempted to murder him. hence it is alleged that the accused committed the offence. the petitioner was arrested on 21.02.2025.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. the counsel for the petitioner submitted thatthe petitioner is in custody from 21.02.2025 and he is ready to abide any conditions if this court grant him bail. the public prosecutor opposed the bail application and submitted that there is criminal antecedent to the petitioner.6. this court considered the contentions of thepetitioner and the public prosecutor. the allegation against the petitioner is serious. there is criminal antecedent also to the petitioner. the petitioner was arrested only on 21.02.2025. i am of the considered opinion that this bail application need not be entertained now. the petitioner is free to file a bail application after some time.this bail application is dismissed. sd/- p.v.kunhikrishnan judge jv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRIME NO.114/2025 OF Kalpakanchery Police Station, Malappuram AGAINST THE ORDER/JUDGMENT DATED 14.03.2025 IN CMP NO.259 OF 2025 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI ARISING OUT OF THE ORDER/JUDGMENT DATED 01.03.2025 IN CMP NO.894 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TIRUR PETITIONER/ACCUSED:
RIYAS AGED 32 YEARS S/O MUHAMMEDKUTTY, ERANIKKAL HOUSE, VALAVANNUR P.O, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676551 BY ADVS. JAMSHEED HAFIZ T.S.SREEKUTTY FATHIMA NASREEN S. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- B.A. No.4431 of 2025 ---------------------------------------------- Dated this the 07th day of April, 2025

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is the accused in Crime No.114/2025 of Kalpakancherry Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 329(3) & 109(1) of the Bharatiya Nyaya Sanhita (for short, BNS).

3. The prosecution case is that, the petitioner

criminally trespassed into the courtyard of the house of the defacto complainant with a chopper, criminally intimidated him with death and cut his left hand and head with chopper and attempted to murder him. Hence it is alleged that the accused committed the offence. The petitioner was arrested on 21.02.2025.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that

the petitioner is in custody from 21.02.2025 and he is ready to abide any conditions if this Court grant him bail. The Public Prosecutor opposed the bail application and submitted that there is criminal antecedent to the petitioner.

6. This Court considered the contentions of the

petitioner and the Public Prosecutor. The allegation against the petitioner is serious. There is criminal antecedent also to the petitioner. The petitioner was arrested only on 21.02.2025. I am of the considered opinion that this bail application need not be entertained now. The petitioner is free to file a bail application after some time.

This bail application is dismissed. sd/- P.V.KUNHIKRISHNAN JUDGE jv

Same Court & Year Kerala Orders · 2025 Same Parties RIYAS vs State of Kerala Same Subject Criminal Same Judge Honourable Mr. Justice P.V.Kunhikrishnan