A bail application by the 6th accused in a case involving mischief by fire and setting of vehicles was dismissed despite his claim of false implication and lack of criminal antecedents.
Bail application dismissed; order of acquittal or discharge not granted; surrender permitted but did not alter outcome.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
BAIL APPL. NO. 4694 OF 2021
IN CRIME NO. 539 OF 2020 OF NILAMBUR POLICE STATION, MALAPPURAM
DISTRICT
PETITIONER/ACCUSED:
NISHAD AGED 25 YEARS MANCHEERI HOUSE, CHERUKARA POST., PERINTHALMANNA POST, CHERUKARA VILLAGE MALAPPURAM, PIN - 679340
BY ADV V.JOHN SEBASTIAN RALPH
RESPONDENT/:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
SR.PP - SMT. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 4694 OF 2021
ORDER
Petitioner is the 6th accused in Crime No. 539 of 2020 of Nilambur police station in Malappuram district, which was initially registered alleging offence punishable under Sections 457, 435, 436, 120(B) read with Section 34 of the IPC. Later, Section 308 of the IPC was also incorporated. It is alleged that, the accused persons, in furtherance of their common intention, had trespassed into the residential house of the defacto complainant and set fire to a Toyota Qualis car and Mahindra
jeep kept in the shed and caused loss of Rs.5,50,000/- to the defacto complainant.
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BAIL APPL. NO. 4694 OF 2021
statement by the Inspector, Station House Officer. Accordingly a statement has been filed, indicating that, he has four other cases to his credit. That is, Crime Nos.41 of 2020 under Sections 447 and 427 read with 149 of the IPC, Crime 65 of 2020 under Sections 447, 435 and 427 of the IPC, and Crime 256 of 2020 all in Pookkottumpadam police station under Sections 143, 147, 447, 427 read with 149 of the IPC and Crime No. 176 of 2020 under Section 324, 447 read with 149 of the IPC of Pandikkad police station. That means there is one case before in which mischief by fire is alleged against the petitioner .
BAIL APPL. NO. 4694 OF 2021
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dismissed.
that the petitioner is prepared to surrender before the
Investigating officer. In that case his case shall be dealt with
utmost expedition.
Bail Application is dismissed.
Sd/-
K.HARIPAL
JUDGE
RMV/02/08/2021
1 issue framed by the court
Whether bail should be granted considering the petitioner admitted no prior record and claimed false implication.
2 provisions across 1 enactments
Nishad
State of Kerala
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
