Single Judge of the Kerala High Court declined an application for anticipatory bail to the petitioner accused of offences under IPC 308, 324, 427, 448 and POSCO. The court found the petitioner to be the main perpetrator with criminal antecedents and capable of intimidating witnesses during the infancy of the investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
Bail Appl..No.274 OF 2021
CRIME NO.724/2020 OF BADIADUKKA POLICE STATION , KASARGOD
PETITIONER/ACCUSED:
ABDUL NOUSHAD. K, AGED 36 YEARS, SON OF MOIDU, KANATIKANA HOUSE, PERLA P.O, KASARAGOD PIN-682023
BY ADV. SRI.I.V.PRAMOD
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
OTHER PRESENT:
SMT.V.SREEJA - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.274 OF 2021
2
ORDER
Dated this the 17th day of March, 2021
APPLICATION FOR ANTICIPATORY BAIL
The applicant is the 1st accused in Crime No. 724 of 2020 of Badiadukka Police Station, Kasargod, for having allegedly committed offences punishable under Sections 324, 427, 448, 308 read with Section 34 of the IPC. The prosecution case, in brief, is this:
have caused his death, and thus attempted to commit culpable homicide. The defacto complainant sustained a contusion on his
B.A.No.274 OF 2021
3
scalp. The applicant states that the allegations are not true and that he is innocent and that he has been falsely implicated in this crime.
B.A.No.274 OF 2021
anticipatory bail is declined.
The applicant is directed to surrender before the Investigating Officer within two weeks. In the event of his arrest, after interrogation, he shall be produced before the jurisdictional court at the earliest, where he is at liberty to apply for a regular bail which shall be preferably considered and disposed of on the very same date.
With these observations, the bail application is
dismissed.
Sd/ASHOK MENON JUDGE
NR/17/03/2021
3 issues framed by the court
Whether to grant anticipatory bail to the accused facing charges under Sections 324, 427, 448, 308 read with Section 34 of the IPC and offences under POSCO considering his criminal antecedents.
Whether the risk of tampering with evidence and intimidating witnesses justifies denying anticipatory bail in an investigation that is at its infancy.
Whether the accused should be directed to surrender before the Investigating Officer.
Abdul Noushad. K
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
