Dismissed

Noufal Mon v. State of Kerala

Kerala HC14 Mar 2014Bail Appl./1671/2014

Case brief

AI extract

What is this about?

The single-judge High Court of Kerala dismissed the bail application filed by seven accused persons. The court rejected the request for anticipatory bail, citing the gravity of the offence, the probability of fleeing justice, and the potential to tamper with evidence.

What did the court decide?

The request for anticipatory bail was rejected; the court is not inclined to grant pre-arrest bail to the accused.

Noufal Mon Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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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 N.K.BALAKRISHNAN

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FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935

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Bail Appl..No. 1671 of 2014 ()

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CRIME NO.182/2014 OF MANJERI POLICE STATION, MALAPPURAM

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APPLICANTS/ACCUSED :-

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1. NOUFAL MON, AGED 25 YEARS, S/O.HASSANKUTTY, PULIKKAL HOUSE N.S.S.COLLEGE (P.O), MANJERI, MALAPPURAM DISTRICT.

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2. JAYARAJAN M, AGED 27 YEARS S/O.RAMAN, MADANGODE HOUSE, N.S.S.COLLEGE (P.O) MANJERI, MALAPPURAM DISTRICT.

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3. JIJESH M, AGED 23 YEARS, S/O.MANUKUTTAN, MADANGODE HOUSE, N.S.S.COLLEGE (P.O) MANJERI, MALAPPURAM DISTRICT.

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4. NITHIN K.P., S/O.VELAYUDHAN, MADANGADAN HOUSE, N.S.S.COLLEGE (P.O), MANJERI, MALAPPURAM DISTRICT.

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5. JAMSHAD, AGED 24 YEARS, S/O.ABBASS ALIK, ATHIMANNIL HOUSE, P.O.PAYYANAD, MALAMKULAM.

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6. JAYADEESH, AGED 30 YEARS S/O.RAMAN, MADANGODE HOUSE, N.S.S.COLLEGE (P.O) MANJERI, MALAPPURAM DISTRICT.

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7. ASHIQ C., AGED 24 YEARS, S/O.ALAVI, CHOLAKKAL HOUSE, N.S.S.COLLEGE (P.O), MANJERI, MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT :-

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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ADDL 2. JITHIN T., AGED 28 YEARS, S/O.SUBRAMANYAN, THANIPPARA HOUSE, THANIPPARA, MANJERI, MALAPPURAM DISTRICT - 676 123.

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ADDITIONAL 2ND RESPONDENT IS IMPLEADED AS PER ORDER IN CRL.M.A.No.2377/2014 DATED 14.3.2014.

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ADDL R2 BY ADV. SRI.K.M.SATHYANATHA MENON R1 BY PUBLIC PROSECUTOR SRI.C.RASHEED

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N.K.BALAKRISHNAN, J.

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B.A. No.1671 of 2014

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Dated this the 14^th day of March 2014

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O R D E R

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Petitioners are some of the accused in Crime

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No.182/2014 of Manjeri Police Station. The offences alleged against them are punishable under Secs.143, 147, 148, 341, 324, 307 and 506(ii) r/w 149 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that the petitioners formed themselves into an unlawful assembly carrying deadly weapons at about 10 PM on 31.1.2014, in front of Appolo Jewellery attacked the complainant with the intention to cause his murder and caused injuries on his body. Learned Sessions Judge has rightly dismissed their application for anticipatory bail.

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Learned counsel for the petitioners submits that there was only some altercation.

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Learned Public Prosecutor has strongly opposed

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B.A. No.1671 of 2014

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-: 2 :-

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the petition stating that these petitioners are involved in six other cases of similar nature and that they have actually become nuisance to the society. The nature and gravity of the offence, possibility of the accused to flee from justice and the likelihood of their indulging in commission of similar offences as alleged by the prosecution are also taken note of. Further, the allegation that the accused will terrorize or influence the witnesses and would tamper with the evidence and witnesses and would hamper with the smooth investigation has also been duly considered. In these circumstances, I am not inclined to grant pre-arrest bail to the accused.

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Hence, the request for anticipatory bail is

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rejected.

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Sd/-

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N.K.BALAKRISHNAN, JUDGE.

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//True Copy//

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P.A. To Judge

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Jvt

Noufal Mon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Noufal Mon v. State of Kerala

Case brief

What is this about?

What did the court decide?

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