Allowed

Nripan v. State of Kerala

Kerala HC10 Aug 2020Bail Appl./5004/2020

Case brief

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What is this about?

The court allowed a bail application for two accused persons charged with offences under various IPC sections. Considering their extended period of custody amidst the pandemic, the court granted bail subject to specific conditions, despite the prosecution's concerns regarding the accused's history.

What did the court decide?

Applicants directed to be released on bail on execution of bond for Rs.50,000/- each with two solvent sureties for the like amount.

Nripan Vs State of Kerala — Bail and Remand | Kerala HC (2020)

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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 ASHOK MENON

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MONDAY, THE 10TH DAY OF AUGUST 2020 / 19TH SRAVANA, 1942

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Bail Appl..No.5004 OF 2020

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CRIME NO.917/2020 OF ANTHIKKAD POLICE STATION , THRISSUR

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PETITIONERS/ACCUSED 1 AND 2:

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1 NRIPAN, AGED 32 YEARS, S/O.CHANDRAN, PONNAMBALATH HOUSE, PERINGOTTUKARA DESOM, KIZHAKKUMURI VILLAGE, THRISSUR - 680565

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2 VINAYAN, AGED 23 YEARS, S/O.CHANDRAN, ARACKAPARAMBIL HOUSE, PERINGOTTUKARA AVANENGADU DESOM, KIZHAKKUMURI VILLAGE, THRISSUR - 680565 BY ADV. SRI.C.A.CHACKO

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031 R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.5004 OF 2020

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ORDER

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Dated this the 10^th day of August, 2020

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The applicants are accused 1 and 2 in Crime No.917 of 2020 of Anthikkad Police Station, Thrissur, for having allegedly committed offences punishable under Sections 341, 323, 324, 294(b), 506(ii) and 308 read with Section 34 of the IPC. The prosecution case in brief is thus:

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The applicants along with the other co-accused, totalling 6 in numbers, had in furtherance of common intention, to assault the defacto complainant, attempted to commit culpable homicide on 24.06.2020 at about 21 hours, near Gurudeva Bakery at Peringottukara Centre, they wrongfully restrained the defacto complainant, while he was coming out of the bakery and A1 attempted to cut him on his neck with his sword, which he evaded, fell down and thereafter, he was attacked by the remaining accused and the 1^st accused attempted to cut his neck, but he evaded and sustained some injuries on his right hand. The 4^th accused had hurled abuses at him and also intimidated him with threats. All the other accused except A3 and applicants were granted bail. The applicants were

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B.A.No.5004 OF 2020

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arrested on 28.06.2020 and continued in judicial custody.

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Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The learned counsel appearing for the applicants submit that the recovery is complete and they have been in custody for a fairly long period. And, therefore, their bail application may be favourably considered in view of the present pandemic situation.

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The only anxiety expressed by the learned Public Prosecutor, while opposing the application for bail is that the 1^st accused has 8 other criminal cases and the 2^nd accused has 7 other criminal cases registered against them, which also includes offence punishable under Section 302 of the IPC and they are history-sheeters and proceedings under Section 107 Cr.P.C was also initiated against the applicants. And, therefore, granting of bail would result in their causing intimidation and influencing the witnesses. Considering the fact that the applicants have been in custody for a fairly long time, during these pandemic times, I am not inclined to extent their custody.

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In the result, the application is allowed and the applicants are directed to be released on bail on execution of

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B.A.No.5004 OF 2020

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bond for Rs.50,000/-(Rupees Fifty thousand only), each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

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(i) They shall appear before the Investigating Officer on all Mondays between 9.00 AM and 12.00 PM for a period of three months or till filing of the final report whichever is earlier.

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(ii) They shall not intimidate or influence witnesses and tamper with evidence.

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(iii) They shall not get involved in similar offences during the currency of the bail period.

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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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The bail application is allowed.

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Sd/ASHOK MENON JUDGE

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NR/10/08/20

Nripan v. State of Kerala

Case brief

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Nripan v. State of Kerala

Case brief

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