Dismissed

Anilkumar v. State of Kerala

Kerala HC19 Jul 2016Bail Appl./5093/2016

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application for bail filed by five accused persons charged with attempt to murder and affray arising from political faction clashes. The court refused bail due to the grievous nature of injuries sustained by the victim and incomplete investigation.

What did the court decide?

Bail application dismissed; petitioners to remain in custody pending further orders.

Anilkumar 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 P.UBAID

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TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938

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Bail Appl..No. 5093 of 2016

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CRIME NO. 394/2016 OF NADAPURAM POLICE STATION , KOZHIKODE

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PETITIONER(S)/A1 TO A5:

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1. ANILKUMAR, S/O.GOPALAN, AGED 40 YEARS, KIZHAKKEYIL HOUSE, IYYAMKODE PO, VATAKARA TALUK.

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2. ANILKUMAR, S/O.RAJAN, AGED 28 YEARS, OTHAYOTH HOUSE, IYYAMKODE PO, VATAKARA TALUK.

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3. RANEESH,S/O.VASU, AGED 31 YEARS, KUTTIYIL HOUSE, IYYAMKODE PO, VATAKARA TALUK.

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4. SURESH,S/O.KANNAN, AGED 30 YEARS, MOYILOTH HOUSE, IYYAMKODE PO, VATAKARA TALUK.

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5. SUNIL KUMAR, S/O.NANU, AGED 28 YEARS, MEETHALE, THAYYALLULLATHIL HOUSE, IYYAMKODE PO, VATAKARA TALUK.

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BY ADVS.SRI.KRISHNADAS P. NAIR

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SMT.K.L.SREEKALA

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SRI.HARIDAS P.NAIR SRI.M.A.VINOD SRI.M.RAJESH KUMAR

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SMT.B.SABITHA (DESOM) SMT.G.GIGIMOL

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RESPONDENT(S):

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STATE OF KERALA,

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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- - - - B.A.No. 5093 of 2016

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- - - - Dated this the 19^th day of July, 2016

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ORDER

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The petitioners herein are the accused Nos. 1, 6, 2, 5 and 4 respectively in Crime No. 394 of 2016 of Nadapuram Police Station, registered under Sections 143, 147, 148, 341, 324, 506(ii) and 307 read with Section 149 of the Indian Penal Code.

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This is one in the series of crimes registered by the Police in connection with different instances of assault and fight between two political factions in connection with the declaration of results of the election to the Kerala Legislative Assembly, on 19.5.2016.

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The prosecution case in this crime is that at about 2.00 p.m. on 19.5.2016, a gang of political activists including the petitioners herein assaulted the persons leading a procession on the other side, and inflicted injuries on the body of many persons including the complainant

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B.A.No. 5093 of 2016

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-2-

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herein, and that the assailants so inflicted injuries on the body of the complainant in an attempt on his life.

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On a perusal of the materials including the case diary and the wound certificate in the name of the complainant, I find that this is a clear case of attempt on life, coming under Section 307 of IPC. The injured in this case had sustained a depressed fracture of his skull, a lacerated wound 15 x 2 x 1 cms over the left side of the scalp, and head injury in the form of cerebral contusion. It appears that severe injuries were inflicted on the head in an attempt on the life of the complainant. There is report that even now, there is tense law and order situation at the locality in connection with the different instances of political clashes involving two rival groups. The third accused is yet to be arrested. It appears that the alleged incident was a mob attack on political rivals. Some more persons are yet to be identified. It is submitted that there is a counter case registered by the Police as Crime No.396 of 2016. On a

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B.A.No. 5093 of 2016

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-3-

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perusal of the case diary in Crime No. 396 of 2016, I find that this is not in fact counter case. It appears that it was a retaliatory incident, and not a case counter to this crime. Anyway, in the present circumstances where investigation is only half way, I am not inclined to grant bail to the petitioners.

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Hence, this application is dismissed.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Anilkumar v. State of Kerala

Case brief

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Anilkumar v. State of Kerala

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