Narfid @ Ambu, vs State of Kerala,

Type Court Judgment Court Kerala Decided Oct 01, 2021

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https://sooperkanoon.com/case/1678990

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Citation: sooperkanoon.com/1678990
Court: Kerala High Court
Judge: Honourable Mrs. Justice M.R.Anitha
Decided On: Oct 01, 2021
Case Number: Bail Appl./7445/2021

Parties & Advocates

Appellant / Petitioner

Narfid @ Ambu,

Respondent

State of Kerala,

Excerpt

.....149 ipc.2. it is alleged that on 03.09.2021 at about 4 p.m accusednos.1 to 5 formed themselves into an unlawful assembly and in prosecution of the common object of the assembly committed rioting armed with deadly weapons and trespassed into the house no.xvi/43-a of kadavallur grama panchayath of the defacto complainant and pushed her shoulder and destroyed the glass of the car bearing reg.no.kl-48-d-2295 which was parked in the courtyard of the house of the defacto complainant, thereby the accused committed the offences aforementioned.3. the petitioner was arrested on 04.09.2021. accordingto the learned counsel for the petitioner, all other accused were granted bail by the sessions court, thrissur and the petitioner was denied bail because of the reason that he is involved in another crime.4. the learned public prosecutor also reported that thepetitioner is involved in crime no.558/2021 of kunnamkulam police station, which is registered u/s.341, 323, 269, 270, 283, 34 ipc and 120 (c) k.p. act. all those offenes are seems to be bailable.5. hence, taking into account the fact that he has beenunder confinement from 04.09.2021 onwards and the nature of the offence alleged to have been committed by the petitioner, i find just and proper to grant bail to the petitioner on the following conditions:(i) petitioner shall execute bond for a sum of rs.30,000/- (rupees thirty thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.(ii) he shall report before the investigating officer as and when required.(iii) he shall not try to contact or influence the witnesses or tamper the with evidence.(iv) he shall not involve in any crime during theperiod on bail. if any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law. this bail application is allowed as above. sd/- m.r.anitha shg judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 BAIL APPL. NO. 7445 OF 2021 CRIME NO.1704/2021 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT AGAINST THE ORDER/JUDGMENT IN CRMC 1396/2021 OF SESSIONS COURT,THRISSUR
PETITIONER/ACCUSED NO.3: NARFID @ AMBU, AGED 24 YEARS S/O.LATHEEF, PATTUKULANGARA HOUSE, PORKULAM VILLAGE, DESOM, KUNNAMKULAM TALUK, THRISSUR DISRICT-680 503. BY ADV SAM ISAAC POTHIYIL RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682 031. 2 STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680 503. OTHER PRESENT: PP.C.N PRABHAKARAN.SR GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the 3rd accused in crime No.1704/2021 of Kunnamkulam Police Station, Thrissur, which is registered for the offences punishable under Sections 143, 147, 148, 452, 354, 427 r/w. 149 IPC.

2. It is alleged that on 03.09.2021 at about 4 p.m accused

Nos.1 to 5 formed themselves into an unlawful assembly and in prosecution of the common object of the assembly committed rioting armed with deadly weapons and trespassed into the house No.XVI/43-A of Kadavallur Grama Panchayath of the defacto complainant and pushed her shoulder and destroyed the glass of the car bearing reg.No.KL-48-D-2295 which was parked in the courtyard of the house of the defacto complainant, thereby the accused committed the offences aforementioned.

3. The petitioner was arrested on 04.09.2021. According

to the learned counsel for the petitioner, all other accused were granted bail by the Sessions Court, Thrissur and the petitioner was denied bail because of the reason that he is involved in another crime.

4. The learned Public Prosecutor also reported that the

petitioner is involved in crime No.558/2021 of Kunnamkulam Police Station, which is registered u/s.341, 323, 269, 270, 283, 34 IPC and 120 (c) K.P. Act. All those offenes are seems to be bailable.

5. Hence, taking into account the fact that he has been

under confinement from 04.09.2021 onwards and the nature of the offence alleged to have been committed by the petitioner, I find just and proper to grant bail to the petitioner on the following conditions:

(i) Petitioner shall execute bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.

(ii) He shall report before the investigating officer as and when required.

(iii) He shall not try to contact or influence the witnesses or tamper the with evidence.

(iv) He shall not involve in any crime during the

period on bail. If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law. This Bail Application is allowed as above. Sd/- M.R.ANITHA shg JUDGE

Same Court & Year Kerala · 2021 Same Parties Narfid @ Ambu, vs State of Kerala, Same Judge Honourable Mrs. Justice M.R.Anitha