Shamnad vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 25, 2023

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Citation: sooperkanoon.com/1389308
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Sep 25, 2023
Case Number: Bail Appl./8007/2023

Parties & Advocates

Appellant / Petitioner

Shamnad

Respondent

State of Kerala

Excerpt

.....bail application having come up for admission on 25.09.2023, the court on the same day delivered the following: ..2..mohammed nias c. p. , j.b. a. no. 8007 of 2023 dated this the 25th day of september, 2023orderapprehending arrest in crime no.821/2023 of vadakkekad police station, thrissur district, registered for offences punishable under sections 143, 147, 148, 341, 323, 324, 326, 307, 294(b) & 506 r/w section 149 of the indian penal code, the 1st accused has filed this petition, under section 438 of the code of criminal procedure, seeking anticipatory bail.2. the prosecution case is that, on 17.8.2023 at about 3.30 a.m.,while the defacto complainant and the injured were travelling in an autorickshaw from guruvayoor to veliyankode, the petitioner, along with five other persons, followed them on bike and scooter, restrained them and pulled out from autorickshaw and assaulted them and also, threatened them, and thereby, committed the offences alleged...3..3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. taking into account the injuries inflicted, allegedly by the petitioner and taking note of the 15 antecedents that have been reported against the petitioner, i do not think this is a fit case to grant anticipatory bail.the bail application is dismissed. sd/- mohammed nias c. p., judge mmg ..4.. appendix of bail appl.no.8007/2023 petitioner's annexures: annexure 1 true copy of the fir in crime no. perumpadappu police. annexure 2 true copy of the fir in crime no.805/2023 dated 01/08/2023 of ponnani police station

Full Judgment

..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 BAIL APPL. NO. 8007 OF 2023 CRIME NO. 821/2023 OF VADAKKEKAD POLICE STATION, THRISSUR PETITIONER/1ST ACCUSED:
SHAMNAD, AGED 30 YEARS, S/O. SHAHUL HAMEED, THANNITHURAKKAL HOUSE, VELIYANGODE AMSOM GRAMAM DESOM, MALAPPURAM DISTRICT, PIN - 679579. BY ADVS.M/S.M.PROMODH KUMAR & SUMI O. RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. SMT.T.V.NEEMA, SR.P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 8007 of 2023 Dated this the 25th day of September, 2023

ORDER

Apprehending arrest in Crime No.821/2023 of Vadakkekad Police Station, Thrissur District, registered for offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 294(b) & 506 r/w Section 149 of the Indian Penal Code, the 1st accused has filed this petition, under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail.

2. The prosecution case is that, on 17.8.2023 at about 3.30 A.M.,

while the defacto complainant and the injured were travelling in an autorickshaw from Guruvayoor to Veliyankode, the petitioner, along with five other persons, followed them on bike and scooter, restrained them and pulled out from autorickshaw and assaulted them and also, threatened them, and thereby, committed the offences alleged.

..3..

3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

4. Taking into account the injuries inflicted, allegedly by the petitioner and taking note of the 15 antecedents that have been reported against the petitioner, I do not think this is a fit case to grant anticipatory bail.

The bail application is dismissed. Sd/- MOHAMMED NIAS C. P., JUDGE MMG ..4.. APPENDIX OF BAIL APPL.NO.8007/2023 PETITIONER'S ANNEXURES: ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO. PERUMPADAPPU POLICE. ANNEXURE 2 TRUE COPY OF THE FIR IN CRIME NO.805/2023 DATED 01/08/2023 OF PONNANI POLICE STATION

Same Court & Year Kerala Orders · 2023 Same Parties Shamnad vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.