Thanseer vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 27, 2023

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Citation: sooperkanoon.com/1371384
Court: Kerala Orders High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Jul 27, 2023
Case Number: Bail Appl./5373/2023

Parties & Advocates

Appellant / Petitioner

Thanseer

Respondent

State of Kerala

Excerpt

.....alleged are punishable under sections 143, 147, 148, 149, 323, 324, 326, 367, 308, 506(i) r/w 34 of the indian penal code.3. the prosecution case, in short, is that an altercationoccurred on 27/02/2023 at 10 p.m between the applicant and the defacto complainant. due to that enmity, on 28/02/2023 at about 2.30 a.m., the applicant along with the remaining accused formed an unlawful assembly with an intention to do away with the defacto complainant. in prosecution of the common object, he assaulted the defacto complainant with a glass piece on his head and also slabbed on his stomach, with the intention to kill him and thereby committed the offences.4. i have heard smt.d.leema rosy, the learned ..3.. counsel for the applicant and smt.s.seetha, the learned senior public prosecutor. perused the case diary.5. the learned counsel for the applicant submitted thatthe applicant is innocent and has been falsely implicated in the present case. the counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. on the other hand, the learned public prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.6. the applicant was remanded to judicial custody onaccusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. the injury sustained by the defacto complainant is serious in nature. moreover the applicant has strong criminal antecedents. there are twelve cases against him. considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and ..4.. circumstances mentioned above, i am of the view that the applicant cannot be released on bail at this stage. the bail application, accordingly, is dismissed. sd/- dr. kauser edappagath judge apa ..5.. appendix of bail appl. 5373/2023 petitioner's.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 27TH DAY OF JULY 2023 / 5TH SRAVANA, 1945 BAIL APPL. NO. 5373 OF 2023 CRIME NO.344/2023 OF MATTANCHERY POLICE STATION PETITIONER/1ST ACCUSED: THANSEER AGED 33 YEARS, S/O. KOYA BASHEER, H NO. 14/27,ARAKKAPARAMBIL (H), CHULLICKAL, THOPPUMPADY, KOCHI 682005, NOW RESIDING AT H NO. 20/2295, GOMENDA, PERUMPADAPPU, PALLURUTHY P O, KOCHI., PIN - 682006 BY ADV D.LEEMA ROSY RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV SEETHA S -SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

ORDER

Dated this the 27th day of July, 2023 This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

2. The applicant is the accused No.1 in Crime

No.344/2023 of Mattanchery Police Station. The offences alleged are punishable under Sections 143, 147, 148, 149, 323, 324, 326, 367, 308, 506(i) r/w 34 of the Indian Penal Code.

3. The prosecution case, in short, is that an altercation

occurred on 27/02/2023 at 10 p.m between the applicant and the defacto complainant. Due to that enmity, on 28/02/2023 at about 2.30 a.m., the applicant along with the remaining accused formed an unlawful assembly with an intention to do away with the defacto complainant. In prosecution of the common object, he assaulted the defacto complainant with a glass piece on his head and also slabbed on his stomach, with the intention to kill him and thereby committed the offences.

4. I have heard Smt.D.Leema Rosy, the learned ..3.. counsel for the applicant and Smt.S.Seetha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that

the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The injury sustained by the defacto complainant is serious in nature. Moreover the applicant has strong criminal antecedents. There are twelve cases against him. Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and ..4.. circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..5.. APPENDIX OF BAIL APPL. 5373/2023 PETITIONER'S ANNEXURES Annexure 1 COPY OF FIR IN |CRIME NO.344/2023 OF THE MATTANCHERY POLICE STATION DATED 2/3/2023 Annexure 2 COPY OF ORDER IN CRL. M C NO.1676/2023 OF THE 2ND ADDITIONAL SESSIONS COURT, ERNAKULAM DATED 17/6/2023

Same Court & Year Kerala Orders · 2023 Same Parties Thanseer vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath