Dismissed

Anoop A.S v. State of Kerala

Kerala HC11 Jan 2021Bail Appl./336/2021

Case brief

AI extract

What is this about?

In a bail application regarding charges of kidnapping and murder under the IPC, the High Court of Kerala rejected the plea. The court found prima facie evidence of the applicant's deep involvement in the crime, disregarding his claim of being a mere driver, and denied bail stating the investigation was in its infancy.

What did the court decide?

Bail application dismissed; applicant not entitled to bail at this stage of the investigation.

Anoop A.S Vs State of Kerala — Murder and Culpable Homicide | 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.336 OF 2021

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CRIME NO.517/2020 OF INFOPARK POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED:

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ANOOP A.S, AGED 26 YEARS, AKKARAKAROT, PANAMATTOM P.O, VANCHIMALA, KOTTAYAM, PIN-686522

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BY ADV. SRI.V.V.SURESH

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031

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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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B.A.No.336 OF 2021

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ORDER

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Dated this the 11th day of January 2021

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APPLICATION FOR REGULAR BAIL

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The applicant is the 3rdaccused in Crime No.517 of

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2020 of Infopark Police Station, Ernakulam, for having allegedly
committed offences punishable under Sections 120B, 364, 323,
325, 302, 201, r/w Section 34 of the IPC. The prosecution case, in
brief, is this:

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2.On 24.10.2020, at 7.00 PM, the applicant, in

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furtherance of common intention with the other accused,
allegedly kidnapped the deceased named Divakaran Nair, in the
car bearing registration No.KL 07 BU 5599, driven by the
applicant, and thereafter he was assaulted and murdered. The
body was then dumped near Karimuagal. The applicant states
that he is innocent and that he is only a call taxi driver and that
he has no association with the accused and he also does not have
any motive to murder the deceased. He has been wrongfully and
mistakenly implicated as an accused. It is only because of the
threat that he did not report the matter immediately to the Police.
The applicant had approached this Court for anticipatory bail by

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B.A.No.336 OF 2021

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flng B. A No.7390 of 2020 and the same was disposed of by thisi
Court on 18.11.2020 and in consequence of which, he
surrendered before the Investigating Officer on 02.12.2020. He
was remanded to judicial custody. His application for bail was
dismissed by the jurisdictional court.

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3.Prima facie,the materials before this Court indicate
that the applicant is deeply involved in the alleged offence. There
are no materials to show that he is a call taxi driver, or that he
was called for the purpose of transporting the other accused.
Despite having seen the other accused assaulting and murdering
the deceased and he facilitated dumping of the body in an isolated
place and thereafter did not even mention it to anyone. This fact
indicates his complicity. He has been fully co-operating with the
other assailants in committing the murder and does not appear
just a driver as is claimed by him.

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Under the circumstances, I find that he is not entitled
to bail at this stage of the investigation, which is in its infancy.
And, therefore, the application is dismissed.

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 Sd/-
 ASHOK MENON
 JUDGE

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NR/11/01/2021

Anoop A.S v. State of Kerala

Case brief

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Anoop A.S v. State of Kerala

Case brief

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