Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Shamnadh vs State of Kerala

Shamnadh vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 06, 2022
~3 min read
https://sooperkanoon.com/case/1537125

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

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./7334/2022

Parties & Advocates

Appellant / Petitioner

Shamnadh

Respondent

State of Kerala

Excerpt

.....district, alleging commission of offences punishable under sections 143, 147, 148, 149, 294(b), 323, 324, 308, 506 of the indian penal code.3. the prosecution allegation is that accused 1 and 2along with 10 others trespassed into the house of the defacto complainant and attacked him with weapons and sustained serious injuries on the defacto complainant as well as other persons along with the defacto complainant.4. petitioners submitted that they have been falselyimplicated in the above said crime. in fact the complainant is a 2 nd accused in crime no. 628/2022 of pozhiyoor police station based on a complaint filed by one naisam. it is further submitted that bail appln. no. 7334 of 2022 3 another crime was also registered based on a complaint preferred by the sister of said naisam. the petitioners apprehend that they have been falsely implicated in the above said crime for the reason that they are the friends of naisam.5. the learned public prosecutor seriously opposed theapplication for bail mainly contending that the defacto complainant and others are sustained serious injury in the alleged incident and the defacto complainant was attacked using weapons etc. it is also submitted that there were constant disputes between the defacto complainant and the petitioners and to avoid any law and order situations, police picketing has also been introduced in the said locality.6. considering the facts and circumstances of the case andseriousness of allegation, i am not inclined to grant anticipatory bail to the petitioners. in the result, this application is dismissed. accordingly, the petitioners shall surrender before the investigating officer in crime no. 784/2022 of pozhiyoor police station and subject themselves to interrogation. it is directed that in the event of arrest of the petitioners in crime no. 784/2022 of pozhiyoor police station, they shall be produced before the jurisdictional magistrate’s court on the very same day and if an application is moved with.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 BAIL APPL. NO. 7334 OF 2022 PETITIONER/ACCUSED NO. 1 & 2: 1 SHAMNADH AGED 25 YEARS S/O MAHEEN, RESIDING AT KUNHIJANVILA VEEDU, POZHIYOOR, THIDUTHIDUPPANVILA, PIN - 695513 2 SAKKEER AGED 27 YEARS S/O BASHEER, MUNDAPLAVILA, LAKSHAM VEEDU, VIZHINJAM, THIRUVANATHAPURAM, PIN - 695133 BY ADVS. ACHUTH KYLAS DEAGO JOHN K R.MAHESH MENON SREEDEVI KYLASANATH RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -

OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appln. No. 7334 of 2022 2

VIJU ABRAHAM , J.

=========================== Bail Appln. No. 7334 of 2022 ============================ Dated this the 6th day of October, 2022

ORDER

This is application for anticipatory bail.

2. The Petitioners are arrayed as accused No.1 and 2 in

Crime No.784/2022 of Pozhiyoor Police Station, Thiruvananthapuram District, alleging commission of offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 324, 308, 506 of the Indian Penal Code.

3. The prosecution allegation is that accused 1 and 2

along with 10 others trespassed into the house of the defacto complainant and attacked him with weapons and sustained serious injuries on the defacto complainant as well as other persons along with the defacto complainant.

4. Petitioners submitted that they have been falsely

implicated in the above said crime. In fact the complainant is a 2 nd accused in Crime No. 628/2022 of Pozhiyoor Police Station based on a complaint filed by one Naisam. It is further submitted that Bail Appln. No. 7334 of 2022 3 another crime was also registered based on a complaint preferred by the sister of said Naisam. The petitioners apprehend that they have been falsely implicated in the above said crime for the reason that they are the friends of Naisam.

5. The Learned public prosecutor seriously opposed the

application for bail mainly contending that the defacto complainant and others are sustained serious injury in the alleged incident and the defacto complainant was attacked using weapons etc. It is also submitted that there were constant disputes between the defacto complainant and the petitioners and to avoid any law and order situations, police picketing has also been introduced in the said locality.

6. Considering the facts and circumstances of the case and

seriousness of allegation, I am not inclined to grant anticipatory bail to the petitioners. In the result, this application is dismissed. Accordingly, the petitioners shall surrender before the investigating officer in Crime No. 784/2022 of Pozhiyoor Police Station and subject themselves to interrogation. It is directed that in the event of arrest of the petitioners in Crime No. 784/2022 of Pozhiyoor Police Station, they shall be produced before the Jurisdictional Magistrate’s Court on the very same day and if an application is moved with prior notice to Bail Appln. No. 7334 of 2022 4 the learned Public Prosecutor, the same shall be considered and disposed of by the Jurisdictional Magistrate preferably on the same day. Sd/- VIJU ABRAHAM JUDGE sks/-

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial