Allowed

Nishanth.N.B v. State of Kerala

Kerala HC27 Aug 2019Bail Appl./5868/2019

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application filed under Section 438 Cr.P.C. by the second accused in an assault case involving injuries with a stone. The court held custodial interrogation unnecessary as the petitioner had no criminal antecedent.

What did the court decide?

Pre-arrest bail granted on execution of bond Rs.40,000 with two solvent sureties, reporting to I.O. weekly, and no tampering with witnesses.

Nishanth.N.B Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2019)

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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 B.SUDHEENDRA KUMAR

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TUESDAY, THE 27TH DAY OF AUGUST 2019 / 5TH BHADRA, 1941

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Bail Appl..No.5868 OF 2019

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CRIME NO.521/2018 OF Narakkal Police Station , Ernakulam

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PETITIONER/ACCUSED NO.2:

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NISHANTH.N.B AGED 24 YEARS NEEKATHUTHARA HOUSE, PUTHUVYPE P. O., ERNAKULAM.

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BY ADV. SRI.MANSOOR.B.H.

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RESPONDENTS/COMPLAINANT/STATE:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

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2 STATION HOUSE OFFICER NJARACKAL POLICE STATION, ERNAKULAM DISTRICT - 682314.

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SRI.AMJAD ALI,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.5868 OF 2019

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O R D E R

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The petitioner is the second accused in Crime No.521/2018 of Njarackal Police Station registered for the offences punishable under Sections 323, 324, 326 and 308 read with Section 34 IPC.

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The petitioner has filed this application under

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Section 438 Cr.P.C.

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Heard.

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The learned Public Prosecutor has submitted

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that the petitioner has no criminal antecedent. It appears that the first accused used a knife to inflict injuries on the injured. The petitioner used a stone to inflict injuries

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on the injured. It appears that no recovery is to be effected from the petitioner. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. That apart, the petitioner has

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Bail Appl..No.5868 OF 2019

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no criminal antecedent. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioner.

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In the result, this bail application stands allowed

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and the respondents are directed to release the petitioner on bail in the event of his arrest in the above said crime, on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only), with two solvent sureties, each for

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the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:

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The petitioner shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months and thereafter, as and when required by the Investigating

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Bail Appl..No.5868 OF 2019

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Officer for interrogation.

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The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

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The petitioner shall not get involved in any other offence during the pendency of this case.

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Sd/-

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B.SUDHEENDRA KUMAR

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JUDGE

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Nkr/27.08.2019

Nishanth.N.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nishanth.N.B v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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