Nifan vs State of Kerala

NIFAN vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 01, 2023

~3 min read

https://sooperkanoon.com/case/1384190

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1384190
Court: Kerala Orders High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Sep 01, 2023
Case Number: Bail Appl./7284/2023

Parties & Advocates

Appellant / Petitioner

NIFAN

Respondent

State of Kerala

Excerpt

.....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 on02.07.2023. a perusal of the case diary reveals that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. it was the applicant who supplied contraband to the accused no.1. that apart, the case records would show that, after the accused no. 2 was arrested, on the same day, he attacked and assaulted the police officer and another crime under sections 324, 332, and 353 of ipc was registered against him. considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and 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 rprappendix of bail appl. 7284/2023 petitioner annexures annexure-a a true copy of the order dated 02.08.2023 in crl.m.c. no. 1615 / 2023 of the sessions court, kollam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 PETITIONER: NIFAN AGED 35 YEARS S/O YUSAF, IRAPPIL CHARUVILA PUTHEN VEEDU, VAYYANAM, ITTIVA P.O., ITTIVA VILLAGE, KOLLAM, PIN - 691 536. BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN RADHIKA S.ANIL RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI.SANGEETHA RAJ N.R. [PP] THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

2. The applicant is the accused No.2 in Crime No. punishable under Sections. 20(b) (ii) (B) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case, in short, is that on 02.07.2023 at

03.05 hours at Punayam, the accused No.1 was found in possession of 1.205 Kg of Ganja. Upon interrogation, accused No.1 revealed that he purchased the Ganja from accused No.2.

4. I have heard Sri K.V. Anil Kumar, the learned counsel for the applicant and Sri Sangeetha Raj, the learned 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

02.07.2023. A perusal of the case diary reveals that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. It was the applicant who supplied contraband to the accused No.1. That apart, the case records would show that, after the accused No. 2 was arrested, on the same day, he attacked and assaulted the police officer and another crime under Sections 324, 332, and 353 of IPC was registered against him. Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and 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 rpr

APPENDIX OF BAIL APPL. 7284/2023 PETITIONER ANNEXURES Annexure-A A TRUE COPY OF THE ORDER DATED 02.08.2023 IN CRL.M.C. NO. 1615 / 2023 OF THE SESSIONS COURT, KOLLAM

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