Allowed

Nandakumar H. v. State of Kerala

Kerala HC18 Mar 2022Bail Appl./1169/2022

Case brief

AI extract

What is this about?

High Court of Kerala granted anticipatory bail to young student petitioners accused of rioting and affray under multiple sections of the IPC. The court imposed strict conditions including surety bonds, appearance before the investigating officer, and prohibitions on contacting complainants or intimidating witnesses.

What did the court decide?

Anticipatory bail granted subject to execution of separate bonds for Rs.50,000 each with two solvent sureties and strict conditions regarding investigation and witnesses.

Nandakumar H. Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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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 GOPINATH P.

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FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943

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BAIL APPL. NO. 1169 OF 2022

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CRIME NO.34/2022 OF ERNAKULAM CENTRAL POLICE STATION

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PETITIONER/ACCUSED:

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1NANDAKUMAR H., AGED 20 YEARS
PUTHANTHARA, EZHUPUNNA P.O.,
CHERTHALA, PIN - 688537
2JUNAID BIN YOUSUF P., AGED 21 YEARS
PUZHANGANDATHEYIL HOUSE,
PERUMPADAPPU P.O., PONNANI, PIN - 679580
3AMEEN MUBARAK P.
AGED 22 YEARS
BAILTHULNOOR HOUSE, THAVANOOR P.O., MALAPPURAM, PIN -
673641
4AKHIL PUSHPAN P.
AGED 22 YEARS
KOCHUVEETTIL, ALUMKADAVU P.O., KARUNAGAPPALLY, PIN -
690573
5SREEKANTH T.S.
AGED 22 YEARS
THIRUMALAYIL HOUSE, THIRUVANIYOOR P.O.,
ERNAKULAM, PIN - 682308
BY ADVS.
T.KABIL CHANDRAN
R.ANJALI

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RESPONDENT/S:

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

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BY ADV PUBLIC PROSECUTOR

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1169 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners are the accused in Crime No.34/2022 of

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Central police station, Ernakulam, alleging commission of offences under Sections 143, 147, 148, 506, 308, 323 and 324 r/w. Section 149 of the Indian Penal Code.

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Allegation against the petitioners is that the petitioners along with other identified students, being the members of a students' political organization, conducted a march against the murder of a student at the Government Engineering College, Idukki and they attacked the members of a rival students political organization, members of which were alleged to be behind the murder of the student at Idukki.

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Learned counsel appearing for the petitioners would submit that the petitioners are young students and they have been falsely implicated. It is submitted that the thrust of the allegations are against accused Nos.1 and 2. It is submitted that the petitioners are absolutely innocent in the matter and that at any rate, custodial interrogation of the petitioners is not necessary for the proper investigation into the crime.

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Learned Public Prosecutor opposes the grant of bail.

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BAIL APPL. NO. 1169 OF 2022 3

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The circumstances of the case are pointed out from the records . It is submitted that the de facto complainant and others suffered serious injuries owing to the attack by the petitioners and others.

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Having regard to the facts and circumstances of the case and taking a lenient view on account of the fact that the petitioners are young students with no criminal antecedents, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No. 34/2022 of Central police station, Ernakulam subject to the following conditions:-

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(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

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(ii) Petitioners shall appear before the investigating officer in Crime No 34/2022 of Central police station, Ernakulam as and when summoned to do so;

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(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to

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BAIL APPL. NO. 1169 OF 2022 4

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influence or intimidate any witness in Crime No.34/2022 of Central police station, Ernakulam ;

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(iv) The petitioners shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 34/2022 of Central police station, Ernakulam may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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GOPINATH P.

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JUDGE

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ajt

Nandakumar H. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nandakumar H. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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