Allowed

Nirmal Raj @ Achu v. State of Kerala

Kerala HC11 Jan 2021Bail Appl./330/2021

Case brief

AI extract

What is this about?

This court allowed a bail application filed by the first accused in an assault case. Considering the lack of recoverable evidence and the nature of the scuffle, the court granted bail on bond with conditions regarding appearance and conduct.

What did the court decide?

The application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000 with two solvent sureties, each for the like amount.

Nirmal Raj @ Achu 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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MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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Bail Appl..No.330 OF 2021

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CRIME NO.3139/2020 OF Adoor Police Station , Pathanamthitta

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PETITIONER/S:

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NIRMAL RAJ @ ACHU AGED 22 YEARS , SREE SUBRAMANYALAYAM, THAZHAVA P.O, KARUNAGAPPALLY, NOW RESIDING AT KANJIRAVAILAVADAKKETHIL, THOTTUVAMURI, THENGANAM P.O, PATHANAMTHITTA 690522

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BY ADV. SRI.MANU ROY

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SMT.V.SREEJA PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.330 OF 2021 2

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O R D E R

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Dated this the 11th day of January 2021

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Application for regular bail under Section 439 of Cr.P.C. The applicant is the 1st accused in Crime No. 3139/2020

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of Adoor Police Station for having allegedly committed offences punishable under Sections 323, 325 and 308 r/w Section 34 of IPC.

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The prosecution case, in brief, is that on 18.12.2020 at about 6 p.m., the applicant along with other accused in furtherance of common intention assaulted the de facto complainant alleging that he he had attempted to outraged the modesty of the mother in law of the applicant on 10.12.2020.

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The applicant has only asked the de facto complainant regarding the aforesaid incident and out of this, an altercation and scuffle ensued and the de facto complainant fell down and sustained some injuries, for which the applicant is not responsible. The applicant submits that he was arrested on 24.12.2020 and has been incarcerated since then and he

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Bail Appl..No.330 OF 2021 3

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seeks regular bail.

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Heard the learned counsel for the applicant and the learned Public Prosecutor.

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The applicant had one more criminal antecedent in the year 2018. In the instant case, the applicant has not used any weapon. There was a scuffle ensued and the allegation is that the applicant had kicked the de facto complainant and caused grievous injuries. But the defence is that he had fell down and sustained some injuries. Anyhow, in view of the fact that the applicant has been incarcerated since 24.12.2020 and that nothing is to be recovered from him, further incarceration of the applicant may not be necessary. In the result, the application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

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(i) He shall appear before the investigating officer as and when called for.

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(ii) He shall not tamper with evidence, intimidate or

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Bail Appl..No.330 OF 2021 4

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influence the witnesses .

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(iii) He shall not get involved in similar offences during

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the currency of the bail.

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In case of violation of any bail condition, the prosecution

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is at liberty to apply for cancellation of the bail before the jurisdictional court.

SD/-

ASHOK MENON

JUDGE

rmm

Nirmal Raj @ Achu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nirmal Raj @ Achu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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