Dismissed

Kiran Kumar v. State of Kerala

Kerala HC10 Dec 2013Bail Appl./8212/2013

Case brief

AI extract

What is this about?

This judgment considers a bail application filed by the 9th accused in a criminal case involving offences under various sections of the Indian Penal Code. The court dismissed the application on the grounds that the investigation was at a preliminary stage and allowing bail could adversely affect the investigation.

What did the court decide?

The bail application was dismissed. The petitioner is not to be detained for long, with the option to move again after the investigation progresses.

Kiran Kumar Vs State of Kerala — Cheque Dishonour | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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TUESDAY, THE 10TH DAY OF DECEMBER 2013/19TH AGRAHAYANA, 1935

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Bail Appl..No. 8212 of 2013 ()

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(CRIME NO. 1718/2013 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA.)

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PETITIONER/ACCUSED NO.9:-

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KIRAN KUMAR AGED 26 YEARS, S/O.GOPALAKRISHNAN NAIR, VADAKEDATHUVEEDU, MURIMANGALAM, AIRAVON, KONNI.

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BY ADVS.SRI.M.T.SURESHKUMAR SRI.V.V.RAJA

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RESPONDENT/COMPLAINANT:-

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STATE OF KERALA,. REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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R1 BY PUBLIC PROSECUTOR SRI. SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:-

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KKS

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THOMAS P. JOSEPH, J.

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--------------------------------

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Bail Appl. No. 8212 of 2013

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Dated this the 10^th day of December 2013

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O R D E R

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Petitioner is the 9^th accused, in Crime No.1718

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of 2013 of the Pathanamthitta Police station for the offences punishable under Secs.143, 147, 148, 323, 324, 307, 294(b), 427 read with Sec.34 of the Indian Penal Code, is in custody from 25.11.2013 and seeks bail.

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Learned Public Prosecutor has opposed the

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application. It is submitted that on 15.11.2013 at about 9 p.m., the accused assaulted the defacto complainant and others in the premises of a temple with sword, iron rod, stick etc. Six persons suffered injuries. Apart from a few sticks, the sword and iron rod could not so far be recovered. Though name of the petitioner is not mentioned in the First Information Statement, further investigation indicated involvement of the petitioner also. Mobile phone details of the petitioner were verified and it was found that the petitioner was present at the relevant place and time at the time of occurrence. Some of the accused are yet to be arrested. It is submitted that there

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Bail Appl. No. 8212 of 2013 2

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used to be similar incidents in the premises of the temple on such occasions and even after the incident on hand, some untoward incident has taken place.

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Learned counsel submits that the allegations concerning the petitioner are not true. The only reason for suspecting presence of the petitioner in the alleged incident is that the motor cycle which is in his possession was seized from nearby the scene of occurrence on 16.11.2013.

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Having regard to the fact that investigation is at the preliminary stage, request for bail cannot be allowed at this stage as that might have adverse affect on the investigation of the case but, the petitioner cannot be detained for long. The investigating officer has to collect materials if any as regards alleged involvement of petitioner at the earliest.

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The application is dismissed without prejudice to the petitioner moving again after the investigation has progressed.

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Sd/THOMAS P. JOSEPH JUDGE

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Kiran Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Kiran Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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