Naseer, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jan 25, 2024

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Citation: sooperkanoon.com/1285464
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Jan 25, 2024
Case Number: Bail Appl./267/2024
Subject: Right to Information

Case Summary

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

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Naseer,

Respondent

State of Kerala,

Excerpt

.......2..sophy thomas, j.===================== ========================orderdated this the 25th day of january, 2024 this is an application for regular bail under section 439 of the code of criminal procedure, 1973 filed by the 1st accused in crime no.1425 of 2023 of vadakkancherry police station, palakkad, registered under sections 452, 341, 323, 324, 354 r/w section 34 of ipc.2. the prosecution allegation is that on 25.12.2023 at about10.00 am the petitioner along with accused nos. 2 and 3 trespassed into the house of the de facto complainant with dangerous weapons and assaulted them, causing grievous hurt. ..3.. they outraged the modesty of the wife of the de facto complainant, due to their enmity that the husband of the de facto complainant questioned the petitioners about their act of consuming alcohol near to their house.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor opposed the bail applicationstating that the major overt acts are alleged against the 1st accused, and he was the person who caused hurt to the de facto complainant, and outraged the modesty of his wife. moreover, the petitioner, along with accused nos. 2 and 3, during night hours, trespassed into the house of the de facto complainant with dangerous weapons, and attacked him and his wife.4. learned counsel for the petitioner would submit that, the petitioner is ready to abide by any conditions imposed by this court. considering the nature of the offence committed, and since ..4..the major overt acts are alleged against the petitioner herein, it is not a fit case to release him on anticipatory bail. so the petition stands dismissed. sd/- sophy thomas judge rmv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 BAIL APPL. NO. 267 OF 2024 CRIME NO.1425/2023 OF Vadakkancherry Police Station, Palakkad PETITIONER/S: NASEER, AGED 37 YEARS S/O.ABDUL RAHIMAN, PRADHANI HOUSE, VADAKKENCHERRY, PALAKKAD, PIN - BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/S: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - OTHER PRESENT: SR.PP-SRI.VIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
SOPHY THOMAS, J.
===================== ========================

ORDER

Dated this the 25th day of January, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the 1st accused in Crime No.1425 of 2023 of Vadakkancherry Police Station, Palakkad, registered under Sections 452, 341, 323, 324, 354 r/w Section 34 of IPC.

2. The prosecution allegation is that on 25.12.2023 at about

10.00 am the petitioner along with accused Nos. 2 and 3 trespassed into the house of the de facto complainant with dangerous weapons and assaulted them, causing grievous hurt. ..3.. They outraged the modesty of the wife of the de facto complainant, due to their enmity that the husband of the de facto complainant questioned the petitioners about their act of consuming alcohol near to their house.

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

4. Learned Public Prosecutor opposed the bail application

stating that the major overt acts are alleged against the 1st accused, and he was the person who caused hurt to the de facto complainant, and outraged the modesty of his wife. Moreover, the petitioner, along with accused Nos. 2 and 3, during night hours, trespassed into the house of the de facto complainant with dangerous weapons, and attacked him and his wife.

4. Learned counsel for the petitioner would submit that, the petitioner is ready to abide by any conditions imposed by this Court. Considering the nature of the offence committed, and since ..4..

the major overt acts are alleged against the petitioner herein, it is not a fit case to release him on anticipatory bail. So the petition stands dismissed. Sd/- SOPHY THOMAS JUDGE RMV

Same Court & Year Kerala Orders · 2024 Same Parties Naseer, vs State of Kerala, Same Subject Right to Information Same Judge Honourable Mrs. Justice Sophy Thomas