Dismissed

Nikhilnath v. State of Kerala

Kerala HC4 Feb 2016Bail Appl./6769/2015

Case brief

AI extract

What is this about?

In this bail application before the High Court of Kerala at Ernakulam, Justice Sunil Thomas dismissed the plea of the fourth accused, Nikhil Nath. The petitioner was involved in a violent clash with another group using deadly weapons, resulting in one death. The court held it was not a fit case for pre-arrest bail.

What did the court decide?

Bail application dismissed; petitioner not to be granted pre-arrest bail.

Nikhilnath 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 SUNIL THOMAS

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THURSDAY, THE 4TH DAY OF FEBRUARY 2016/15TH MAGHA, 1937

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Bail Appl..No. 6769 of 2015 ()

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CRIME NO. 2130/2015 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT

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PETITIONER/4TH ACCUSED :

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NIKHIL NATH, 22 YEARS S/O.RAJAMMA, KALATHARAYIL CHAITHRAM, NOOTAVANPARA PULIYOOR, CHENGANNUR, ALAPPUZHA.

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BY ADV. SRI.P.VINODKUMAR

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RESPONDENT/COMPLAINANT :

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

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BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J

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B.A.NO.6769 OF 2015

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Dated this the 4^th day of February, 2016

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O R D E R

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The petitioner is the fifth accused in Crime No.2130 of 2015 of Chengannur Police Station for the offences under Sections 143, 147, 148, 323, 324 & 307 read with Section 149 of the Indian Penal Code & Section 27 of Arms Act.

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The allegation of the prosecution is that, on 28.08.2015 at about 9 p.m the petitioner along with other accused, armed with deadly weapons like sword and stick formed into an unlawful assembly and assaulted a group of ten other persons. Claiming that the petitioner is innocent of the crime, he seeks bail. It is seen that two groups of persons clashed against each other. They were armed with weapons. In the incident that took place, one person forming a member of petitioner's team lost his life. A counter case has also been registered as Crime No.2122/2015 of the same police station. Having regard to the fact that there has been attack and counter attack and

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B.A.NO.6769 OF 2015

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the violent attack resulting in the death of one person and

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that the whole incident arose as a retaliation for an earlier incident in a bar, I feel this is not a fit case wherein the benefit of pre-arrest bail should be extended to the petitioner.

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The bail application is dismissed.

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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

Nikhilnath v. State of Kerala

Case brief

What is this about?

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Nikhilnath v. State of Kerala

Case brief

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