G.Khalid vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 21, 2023

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Citation: sooperkanoon.com/1370968
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jul 21, 2023
Case Number: Bail Appl./5270/2023

Parties & Advocates

Appellant / Petitioner

G.Khalid

Respondent

State of Kerala

Excerpt

.....officer manjeswar police station [crime no.464/2023], manjeswar, kasaragod district, pin - 671323 by adv adv smt.seetha s. this bail application having come up for admission on 21.07.2023, the court on the same day delivered the following:orderthe petitioner is the 2nd accused in crime no.464/2023 of manjeshwar police station. the offences alleged against the petitioner and other accused are under sections 449, 201, 120b, 302 read with sections 34 of ipc.2. the prosecution case is that on 03.06.2023 the accusednos.1 and 3 to 6 trespassed onto a thatched shed, wherein the victim was sleeping and attacked him weapons, thereby causing serious injuries. later, he succumbed to the said injuries. the crime was registered in such circumstances and the petitioner was arrested in connection with the investigation of the said case on 04.06.2023. since then he has been under judicial detention. this application for regular bail is submitted in such circumstances.3. the learned counsel for the petitioner submits that the petitioner is innocent of all the allegations, whereas the learned public prosecutor opposes the same.4. i have gone through the records. it is discernible that thespecific allegation against the petitioner is that, he helped the 1 st accused to engage the accused nos.3 to 6, by acting as a middleman, for committing the murder of the victim. the learned public prosecutor also points out that the petitioner is involved in ten other cases, which includes offence under section 307 of ipc.5. the investigation is only at its preliminary stage. when all the aforesaid aspects are taken into consideration, i am of the view that, this is not a fit case in which bail can be granted at this stage. therefore, i do not find any merit in this application and accordingly it is dismissed. sd/- ziyad rahman a.a. judge scs

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945 CRIME NO.464/2023 OF MANJESHWAR POLICE STATION, MANJESHWAR, KASARGOD PETITIONER/2ND ACCUSED: G.KHALID AGED 39 YEARS SON OF IBRAHIM, GUNDUBAYAL HOUSE, ATTGOLI, MEENJA VILLEGE OF MANJESWAR TALUK, KASARAGOD DISTRICT, PIN - 671323 BY ADV R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER MANJESWAR POLICE STATION [CRIME NO.464/2023], MANJESWAR, KASARAGOD DISTRICT, PIN - 671323 BY ADV ADV SMT.SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioner is the 2nd accused in Crime No.464/2023 of Manjeshwar Police Station. The offences alleged against the petitioner and other accused are under Sections 449, 201, 120B, 302 read with Sections 34 of IPC.

2. The prosecution case is that on 03.06.2023 the accused

Nos.1 and 3 to 6 trespassed onto a thatched shed, wherein the victim was sleeping and attacked him weapons, thereby causing serious injuries. Later, he succumbed to the said injuries. The crime was registered in such circumstances and the petitioner was arrested in connection with the investigation of the said case on 04.06.2023. Since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.

3. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations, whereas the learned Public Prosecutor opposes the same.

4. I have gone through the records. It is discernible that the

specific allegation against the petitioner is that, he helped the 1 st accused to engage the accused Nos.3 to 6, by acting as a middleman, for committing the murder of the victim. The learned Public Prosecutor also points out that the petitioner is involved in ten other cases, which includes offence under Section 307 of IPC.

5. The investigation is only at its preliminary stage. When all the aforesaid aspects are taken into consideration, I am of the view that, this is not a fit case in which bail can be granted at this stage. Therefore, I do not find any merit in this application and accordingly it is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs

Same Court & Year Kerala Orders · 2023 Same Parties G.Khalid vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.