Allowed

Nanda Gopal v. State of Kerala

Kerala HC10 Oct 2019Bail Appl./6884/2019

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to nine accused persons charged with offences including unlawful assembly, assault, and intimidation under the IPC. The Court held that custodial interrogation was unnecessary as the wound certificate showed only mild injuries contrary to the allegation of serious assault.

What did the court decide?

Anticipatory bail granted; applicants to undergo interrogation; release on bond of Rs. 50,000 each with two sureties of Rs. 50,000 each.

Nanda Gopal Vs State of Kerala — Bail and Remand | 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 RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941

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Bail Appl..No.6884 OF 2019

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CRIME NO.849/2019 OF POOCHAKKAL POLICE STATION, ALAPPUZHA

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PETITIONERS/ACCUSED 1 TO 9:

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1 NANDA GOPAL, AGED 25 YEARS, S/O. KRISHNANKUTTY MENON, NEDIYAPARAMBIL HOUSE, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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2 LIBIN, AGED 32 YEARS, S/O.P.K.SURENDRAN, POOPPADIYIL, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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3 AKSHAY, AGED 20 YEARS, S/O.ANIL KUMAR, KURUKKANTHARAYIL, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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4 ABHIRAM, AGED 21 YEARS, S/O. P.K. MOHANAN, POOPPADIYIL, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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5 OBIN KUMAR, AGED 19 YEARS S/O. ANIL KUMAR, VALIYAVEETTIL, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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6 ARJUN, AGED 18 YEARS, S/O. UNNIKRISHNAN, VALIYAVEETTIL, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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7 DEEPAK CHANDRAN, AGED 24 YEARS, S/O. CHANDRA, ATHICKAPPALLIL, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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8 SANEESH, AGED 20 YEARS, S/O.SHAJI, KOCHIKKATT HOUSE, PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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9 SHIBU SHYLENDRAN, AGED 22 YEARS, S/O. SHAILENDRAN, ATHIKKAPALLIL,PERUMBALAM P O, ALAPPUZHA, PIN-688526.

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BY ADV. SRI.P.MARTIN JOSE

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Bail Appl..No.6884 OF 2019

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RESPONDENTS:

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

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2 THE STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT-688526.

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SRI. B. JAYASURYA, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.6884 OF 2019

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ORDER

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This application is filed under Section 438 of the Code of Criminal Procedure.

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The applicants herein are the accused in Crime No.849/2019 of the Poochakkal Police Station, registered on 12.08.2019, inter alia, under Sections 143, 144, 506(ii), 294(b), 324 and 323 r/w. Section 149 of the IPC.

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The allegation is that on 11.08.2019 at about 2.00 p.m., the applicants formed themselves into an unlawful assembly with the requisite knowledge and in prosecution of their common object, wrongfully restrained the victim and attacked him with stones and sticks causing injuries.

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Learned counsel appearing for the applicants submitted that the applicants are innocent and no serious injuries were sustained by the victim. On 19.09.2019, an additional report was submitted before the court below incorporating Section 326 of the IPC. This is clearly an afterthought, submits the learned counsel.

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Heard the learned Public Prosecutor and I have perused the records.

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From the wound certificate, which was made available, the injuries noted are some contusions and loosening of a teeth. Though it is alleged that serious injuries were inflicted with stones and sticks, no corresponding injuries are seen noted by the examining doctor. The applicants are not reported to be persons with criminal antecedents. Having considered the facts and

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Bail Appl..No.6884 OF 2019

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circumstances, I am of the view that the custodial interrogation of the applicants is not necessary for an effective investigation in the instant case.

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In the result, this application will stand allowed. The applicants shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. The

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above order shall be subject to the following conditions:

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i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

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ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iii) They shall not commit any similar offence while on bail.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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SD/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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DSV/10.10.19

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//TRUE COPY// P.A.TO JUDGE

Nanda Gopal v. State of Kerala

Case brief

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Nanda Gopal v. State of Kerala

Case brief

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