Nikhil vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 01, 2023

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https://sooperkanoon.com/case/1407675

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Citation: sooperkanoon.com/1407675
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Dec 01, 2023
Case Number: Bail Appl./10518/2023

Parties & Advocates

Appellant / Petitioner

Nikhil

Respondent

State of Kerala

Excerpt

.....police station, palakkad. the offences alleged are punishable under sections 341, 324, 427 and 308 r/w section 34 of the indian penal code.3. the prosecution case, in short, is that, on 19.10.2023 atabout 6.30 p.m., the applicants assaulted the defacto complainant, who was standing in the bus stop, with deadly weapons with intention to kill him and thereby committed the offences.4. i have heard sri.suseel m. menon, the learned counsel for the applicants and smt.t.v.neema, the learned senior public prosecutor. perused the case diary.5. the learned counsel for the applicants submitted thatthe applicants are innocent and have been falsely implicated in the present case. the counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.6. the applicants were remanded to judicial custody on19.10.2023. the defacto complainant and the injured are arrayed as respondent nos.2 and 3. the affidavit filed by the respondent no.2/defacto complainant would show that the matter has been settled between the parties. the learned counsel appearing for the respondent nos.2 and 3 also submitted that the matter has been settled between the parties. the investigation is almost over. for all these reasons, i do not find any reason to hold that the continued detention of the applicants is required for any purpose. hence, the applicants are entitled to be released on bail.in the result, the application is allowed on the following conditions: -(i) the applicants shall be released on bail on executing a bond for rs.1,00,000/- (rupees one lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional magistrate/court.(ii) the applicants shall fully co-operate with.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945 BAIL APPL. NO. 10518 OF 2023 CRIME NO.815/2023 OF Pudunagaram Police Station, Palakkad PETITIONERS/CRIME NO.815/2023 OF PUDUNAGARAM POLICE STATION: 1 NIKHIL AGED 29 YEARS S/O NARAYANAN, ARAMTHODI HOUSE, MANJAPRA POST, KANNAMBRA, PALAKKAD, KERALA, PIN - 678686 2 SHOBITH AGED 30 YEARS S/O VELAYUDHANKUTTUY, PARAKULAM, NELIAMPADAM, PARUVASHERRY, VADAKKANCHERRY, PIN - 678686 BY ADV SUSEEL M.MENON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RAHUL CHANDRAN AGED 45 YEARS S/O CHANDRAN,RAGHUKULAM HOUSE, CHARANATHKALAM, KODUVAYUR, PALAKKAD, PIN - 678501 3 SATHEESH AGED 44 YEARS S/O VASU,NELLIKADU HOUSE, KODUVAYUR,PALAKKAD, PIN - 678501 BY ADV VISHNU JAYAPALAN OTHER PRESENT: T.V.NEEMA-SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, 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 applicants are accused Nos.1 and 2 in Crime

No.815/2023 of Pudunagaram Police Station, Palakkad. The offences alleged are punishable under Sections 341, 324, 427 and 308 r/w Section 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on 19.10.2023 at

about 6.30 p.m., the applicants assaulted the defacto complainant, who was standing in the bus stop, with deadly weapons with intention to kill him and thereby committed the offences.

4. I have heard Sri.Suseel M. Menon, the learned counsel for the applicants and Smt.T.V.Neema, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that

the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on

19.10.2023. The defacto complainant and the injured are arrayed as respondent Nos.2 and 3. The affidavit filed by the respondent No.2/defacto complainant would show that the matter has been settled between the parties. The learned counsel appearing for the respondent Nos.2 and 3 also submitted that the matter has been settled between the parties. The investigation is almost over. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the

prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/- DR. KAUSER EDAPPAGATH JUDGE rkj APPENDIX OF BAIL APPL. 10518/2023 PETITIONER ANNEXURES Annexure 1 COPY OF THE FIR NUMBERED 815/2023NOF PUDUNAGARAM POLICE STATION DATED Annexure 2 COPY OF THE ORDER IN 5142/2023 DATED

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