Dismissed

Ashif v. State of Kerala

Kerala HC21 Feb 2019Bail Appl./735/2019

Case brief

AI extract

What is this about?

In BA 735 of 2019, the Court dismissed a bail application filed by the second accused in a WMA case involving assault with a weapon. The court held that serious overt acts were attributed and an earlier bail application for the same accused was specifically dismissed, precluding the grant of bail in the present instance.

What did the court decide?

The bail application is dismissed; the petitioner is not granted bail.

Ashif 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 SUNIL THOMAS

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THURSDAY ,THE 21ST DAY OF FEBRUARY 2019 / 2ND PHALGUNA, 1940

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Bail Appl..No. 735 of 2019

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AGAINST THE ORDER IN CRMP 2839/2018 of SESSIONS COURT, PALAKKAD DATED 30.10.2018

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CRIME NO. 812/2018 OF Palakkad Town South Police Station, Palakkad

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PETITIONER/S:

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ASHIF

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AGED 22 YEARS S/O. SALEEM, BASHEER HOUSE, JAINIMED, PALAKKAD 678 012.

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BY ADVS. SRI.SHABU SREEDHARAN ANIL.K SHRI.THASBEER AB SMT.RESHMA ABDUL RASHEED SRI.M.YOHANNAN SRI.P.R.VIBHU

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

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OTHER PRESENT:

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SR.PP C.N PRABHAKARAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 735 of 2019 2

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ORDER

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The petitioner herein is the second accused

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in Crime No.812/2018 of Palakkad Town South Police Station, for the offences punishable under sections 143, 147, 148, 323, 324 and 307 r/w 149

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IPC. The allegation of the prosecution is that the petitioner herein picked up a drunken brawl with the defacto complainant, who, along with some other persons were sitting and drinking in a bar. It is alleged that the first accused took

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out a knife and stabbed the defacto complainant. The second accused hit on his head, with a beer bottle. There is a further allegation that when one friend interfered, he was also assaulted. The defacto complainant was rushed the hospital with

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serious injuries. The petitioner apprehends

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arrest and seeks bail.

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attributed to the first and second accused. The

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Bail Appl..No. 735 of 2019 3

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first accused had used a knife twice. The

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petitioner herein has used a beer bottle, with

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which he hit on the head. Corresponding injury is seen on the back side of the head.

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Even though, specific overt acts are

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attributed to each of the accused, among them, it

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seems that the first accused appears to have

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committed a more serious offence by using an

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knife. Definitely, the allegation against the

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petitioner herein cannot be lightly seen. Since

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specific overt acts are attributed to the petitioner herein and also his earlier bail

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application filed along with the 6^th accused was specifically dismissed, I am not inclined to grant bail to the petitioner.

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Bail application is dismissed.

Sd/-

SUNIL THOMAS

JUDGE

SB/21.02.2019

Ashif v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashif v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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