Allowed

Nikhil Chandran @ Malu v. State of Kerala

Kerala HC11 Jan 2016Bail Appl./8/2016

Case brief

AI extract

What is this about?

P并发 for bail under CrPC before Kerala High Court sparingly granted bail to second accused in assault and battery case involving conspiracy under IPC 149, imposing bond, reporting conditions and restriction from police station premises.

What did the court decide?

Petitioner granted bail subject to executing bond with sureties, appearing before investigating officer on Tuesdays and Fridays, not entering police station limits, and not intimidating witnesses.

Nikhil Chandran @ Malu Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2016)

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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 SUNIL THOMAS

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MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937

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Bail Appl..No. 8 of 2016

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CRIME NO. 2007/2015 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/2ND ACCUSED:

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NIKHIL CHANDRAN @ MALU, AGED 20 YEARS, S/O. CHANDRAN, THERIVILA VEEDU, VAVVAMOOLA, NELLIVILA, VENGANOOR VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.S.MOHAMMED AL RAFI

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RESPONDENT(S)/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SUNIL THOMAS, J

B.A.NO.8 OF 2016

Dated this the 11^th day of January, 2016

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O R D E R

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The petitioner is the second accused in Crime No.2007/2015 of Nemom Police Station for offences punishable under Sections 294(b), 341, 323, 324, 308, 506(ii) read with Section 149 of the Indian Penal Code.

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The allegation of the prosecution is that, the petitioner along with four other accused trespassed into the house of the defacto complainant and caused bodily injuries on three persons. It is alleged that, the first accused used a knife and the petitioner herein used a granite piece. He caused injury on the forehead of one of the injured. He was arrested on 15.12.2015 and is in custody since that date. He seeks bail.

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The learned Public Prosecutor who opposed the application submitted that the first and the fifth accused have not been arrested and the weapon used by the first accused is a knife. However, the petitioner herein is not

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B.A.NO.8 OF 2016 2

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involved in any other case. The motive alleged is that the defacto complainant had warned the accused against consuming liquor near his premises.

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Having regard to the fact that the petitioner has been in custody since 15.12.2015 and that in so far as it relates to the petitioner herein recovery has been effected, I am inclined to treat him differently from that of the case of the first accused who has used the knife. Hence I am inclined to grant bail to him subject to the following conditions:

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i) The petitioner shall execute a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Magistrate. ii) He shall appear before the Investigating Officer on all Tuesdays and Fridays between 10.00 am and 11.00 am for a period of two months from the date of his release.

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iii) He shall not enter the limits of the Nemom Police Station during the above two months period except for the compliance of condition

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B.A.NO.8 OF 2016

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No.(ii) or for appearance in a court of law where

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his appearance is mandatorily required.

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iv) He shall not threaten coerce or intimidate the

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defacto complainant and the witnesses.

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sd/- SUNIL THOMAS, JUDGE.

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R.AV

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//True Copy//

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PA to Judge

Nikhil Chandran @ Malu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nikhil Chandran @ Malu v. State of Kerala

Case brief

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