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Noushad Vs. State of Kerala

Noushad vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 09, 2010
~1 min read
https://sooperkanoon.com/case/908451

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Application No.7037 of 2010
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Indian penal Code (IPC), 1860 - Sections 452, 354, 323, 506(2) read with 34; Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3 - House-trespass after preparation for hurt, assault or wrongful restraint -- Thereafter the accused Subabai and Balu paraded the victim Nandabai on the r...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Sections 120(B), 417, 420 read with 34

Parties & Advocates

Appellant / Petitioner

Noushad

Advocate SRI.JOSEPH GEORGE, Adv.

Respondent

State of Kerala

Legal References

Acts
Indian Penal Code (IPC) - Sections 120(B), 417, 420 read with 34

Excerpt

.....of immigrants there is perhaps not a single instance of an invasion from india to outside india. is there any evidence to show whence they came into india? is brahui a surviving trace of the immigration of dravidian - speaking peoples into india from the west? or does it mark the limits of an overflow form india into baluchistan? the original inhabitants of india may be identified with the speakers of the munda languages, which are unrelated to either indo-aryan or dravidian languages" 28. it is for this reason that there is such tremendous diversity in india. there are a large number of religions, castes, languages, ethnic groups, cultures etc. in our country, which is due to the fact that india is a country of immigrants. we may compare india with china which is larger both in population and in land area than india. on the other hand, as stated above, india has tremendous diversity and this is due to the large scale migrations and invasions into india over thousands of years. the various immigrants/invaders who came into india brought with them their different cultures, languages, religions, etc. which accounts for the tremendous diversity in india. however, giving formal equality to all groups or communities in india would not result in genuine equality. the injustice done to the tribal people of india is a shameful chapter in our country's history. despite this horrible oppression on them, the tribals of india have generally (though not invariably) retained a higher level of ethics than the non-tribals in our country. v.ramkumar, j.bail application no.7037 of 2010dated this the 9th day of november, 2010order1. the petitioner, who is accused no.2 in crime no.1008 of 2010 of sakthikulangara police station for offences punishable under sections 120(b), 417 & 420 read with section 34 i.p.c., seeks anticipatory bail. 2. the learned public prosecutor opposed the application.3. anticipatory bail cannot be granted in a case of this nature. but at the same time, i am inclined to permit the petitioner to surrender before the investigating officer for the purpose of interrogation and then to have his application for bail considered by the magistrate having jurisdiction. accordingly, the petitioner shall surrender before the investigating officer on 22/11/2010 or on 23/11/2010 for the purpose of interrogation and recovery of incriminating material, if any. the petitioner shall thereafter be produced before the magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. 4. this petition is disposed of as above.

Full Judgment

V.RAMKUMAR, J.

Bail Application No.7037 of 2010

Dated this the 9th day of November, 2010

ORDER

1. The petitioner, who is accused No.2 in Crime No.1008 of 2010 of Sakthikulangara Police Station for offences punishable under Sections 120(B), 417 & 420 read with Section 34 I.P.C., seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 22/11/2010 or on 23/11/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed.

4. This petition is disposed of as above.

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