Allowed

Nidhin Nath v. State of Kerala

Kerala HC10 Feb 2021Bail Appl./262/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application for 11 accused persons charged with offences under IPC sections 143, 144, 147, 148, 323, 324, 326, 341, and 149 arising from a political scuffle.

What did the court decide?

Anticipatory bail allowed; applicants directed to surrender within two weeks; release on execution of bond for Rs.50,000/ each with two solvent sureties each upon arrest.

Nidhin Nath Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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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WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

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Bail Appl.No.262 OF 2021

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CRIME NO.1153/2020 OF Kunnamangalam Police Station , Kozhikode

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PETITIONER/S:

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1 NIDHIN NATH, AGED 28 YEARS, THEKKE MANNIYANCHERI, P.O.MIE, KUNNAMANGALAM, KOZHIKODE – 673305.

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2 SIBIN, AGED 26 YEARS, ULLATTIL HOUSE, P.O. MIE, KUNNAMANGALAM, KOZHIKODE – 673305. 3 DILEEP, AGED 42 YEARS, NELLOLIMEETHAL HOUSE, P.O. MIE, KUNNAMANGALAM, KOZHIKODE – 673305. 4 SUDHEESH KUMAR, AGED 46 YEARS, MELE MADATHIL HOUSE, P.O. MIE, KUNNAMANGALAM, KOZHIKODE – 673305. 5 ABIN AGED 25 YEARS, NELLOOLIMEETHAL HOUSE, P.O.MIE, KUNNAMANGALAM, KOZHIKODE – 673305.

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6 RIJITH AGED 31 YEARS CHAKKACHADIKKAL PERIYAKADAVU, P.O.MIE, KUNNAMANGALAM, KOZHIKODE – 673305.

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7 KRISHNAN AGED 40 YEARS KARINKUTTIKAVIL, P.O .MIE, KUNNAMANGALAM, KOZHIKODE – 673305.

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Bail Appl.No.262 OF 2021

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8 SANOJ, AGED 30 YEARS, THETTUPARAMBIL, P.O MIE, KUNNAMANGALAM, KOZHIKODE – 673305. 9 LINSITH, AGED 33 YEARS MELE KARIPPAL HOUSE, P.O. MIE, KUNNAMANGALAM, KOZHIKODE – 673305. 10 ABHINAV AGED 19 YEARS, THAZHEMANAKKAD HOUSE, P.O MIE, KUNNAMANGALAM, KOZHIKODE – 673305. 11 BIJU @ BAIJU, AGED 41 YEARS, THANIKIRATTIL HOUSE, P.O. MIE, KUNNAMANGALAM, KOZHIKODE – 673305. BY ADV. SRI.SUNNY MATHEW

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RESPONDENT/S:

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

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2 STATION HOUSE OFFICER KUNNAMANGALAM POLICE STATION, KOZHIKODE. BY SMT.V.SREEJA -PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.262 OF 2021

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O R D E R

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Dated this the 10th day of February 2021

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This is an application for anticipatory bail under Section 438 of Cr.P.C.

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The applicants are accused 1 to 11 in Crime

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No.1153/2020 of Kunnamangalam Police Station for having allegedly committed the offences punishable under

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Sections 143, 144, 147, 148, 323, 324, 326 and 341 read

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with Section 149 of the I.P.C.

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14.12.2020 at about 6.30 PM, the applicants, who are

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followers of a particular political party had a clash with the de facto complainant and his friends, who

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belong to a rival political group and as a result of

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which they got involved in a scuffle and the applicants

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had allegedly beat the de facto complainant and three others with wooden reapers causing fracture to the

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maximus stylus of one of them and fracture of thumb to

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Bail Appl.No.262 OF 2021

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another person. The applicants 4 and 5 also caused hurt in the incident and in consequence of that Crime No.1156/2020 was registered as a counter-case against the de facto complainant and others.

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The applicants state that the allegations are not true and that they have been implicated for political reasons. They have no criminal antecedents, they are willing to cooperate with the investigation, and hence, seek pre-arrest bail.

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Heard the learned Counsel for the applicants and the learned Public Prosecutor.

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The learned Public Prosecutor admits that there was a counter-case and some of the applicants were also

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injured, but two friends of the de facto complainant

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sustained grievous hurt and recovery is not yet complete, and therefore, the application for bail is opposed by the learned Public Prosecutor.

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After having heard the submissions on both

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sides, I find that the applicants are persons without

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Bail Appl.No.262 OF 2021

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any criminal antecedents. There was a scuffle between

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two rival political groups, but the de facto complainant’s friends sustained grievous hurt due to being beaten up with reapers by Accused 4 and 5. They also do not have any criminal antecedents and they are willing to cooperate with the investigation. In view of the case and counter-case, I am of the opinion that custodial interrogation of the applicants is not necessary.

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In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) They shall not influence or intimidate witnesses or tamper with evidence;

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Bail Appl.No.262 OF 2021

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(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and

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involved in any similar offences.

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

court.

Sd/-

ASHOK MENON

JUDGE

dkr

Nidhin Nath v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nidhin Nath v. State of Kerala

Case brief

What is this about?

What did the court decide?

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