Allowed

Nikhil @ Arun v. State of Kerala

Kerala HC26 Apr 2016Bail Appl./2911/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for regular bail for an accused charged with offences under the IPC and Arms Act. The court granted bail after noting the arrest dates and the bail of other co-accused, imposing standard conditions including financial bond, appearance before IO, and prohibitions against leaving the country or entering the police station limits.

What did the court decide?

Petitioner released on bail with a bond of Rs. 50,000 with two sureties, subject to conditions regarding appearance before IO and restriction from entering Aryancode police station limits.

Nikhil @ Arun Vs State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 26TH DAY OF APRIL 2016/6TH VAISAKHA, 1938

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Bail Appl..No. 2911 of 2016

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CRIME NO. 792/2015 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/2ND ACCUSED:

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NIKHIL @ ARUN, AGED 23 YEARS, S/O.AMBUJAKSHAN, AKHIL BHAVAN, NETTAYAM, POOKOTTUCONAM, KURAVARA DESOM, OTTASEKHARAMANGALAM VILLAGE.

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BY ADV. SRI.R.GOPAN

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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.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26-04-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V., J.

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B.A. No.2911 of 2016

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Dated this the 26^th day of April, 2016

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O R D E R

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Application for regular bail preferred by the accused No.2 in Crime No.792 of 2015 of Aryancode Police Station. The aforesaid crime has been reigstered alleging offence punishable under Section 143, 147, 148, 149, 120b, 452, 294(b), 324, 506(2), 307 of the IPC and under Section 27 of the Arms Act.

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Prosecution allegation is that in retaliation to an incident which occurred earlier, the petitioner along with others at 1.30 a.m. on 24.10.2015, attacked the de facto complainant with a sword and iron pipes.

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Heard the rival submissions.

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The learned counsel for the petitioner would

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submit that as per order dated 10.2.2016 in B.A.No.976 of 2016, the accused nos.1, 4, 6 and 7 have already been

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B.A.No.2911 of 2016

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granted bail by this Court. It is further submitted that the petitioner was arrested on 10.3.2016. In view of the fact that he is in custody since 10.3.2016 and taking note of the fact that others are enlarged on bail, I am of the view that, continued incarceration of the petitioner is not warranted in the facts and circumstances.

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In the result, the petition is allowed, subject to the following conditions.

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i) The petitioner will be released on bail on his executing a bond for Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction. The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on a solvency certificate, but may peruse other vital documents to ascertain whether the sureties are solvent or not.

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ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 10 AM, for 2 months or till final report is filed, which ever is earlier.

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iii) The petitioner shall not leave the country without the permission of the concerned Magistrate. The petitioner shall not enter the limits of Aryancode police station for four months or until final report is

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B.A.No.2911 of 2016

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filed, whichever is earlier.

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iv) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

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v) The petitioner shall not commit any offence while he is on bail.

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vi) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.