Dismissed

Nagaraj Kumaran v. State of Kerala

Kerala HC24 Mar 2023Bail Appl./1223/2023

Case brief

AI extract

What is this about?

This judgment dismisses an application for regular bail filed by an accused convicted in theft charges. The High Court denied bail, noting the petitioner's extensive history of 17 prior similar crimes and his refusal to be released previously, finding he remains a threat to society and may reoffend further.

What did the court decide?

The application for regular bail is dismissed. The petitioner shall remain in custody pending the conclusion of the trial.

Nagaraj Kumaran Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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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 A. BADHARUDEEN

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FRIDAY, THE 24^TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945

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BAIL APPL. NO. 1223 OF 2023

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AGAINST THE ORDER/JUDGMENTCC 699/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHITTUR

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CRIME NO.438/2022 OF KOZHINJAMPARA POLICE STATION, PALAKKAD PETITIONER/ACCUSED:

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NAGARAJ KUMARAN, AGED 21 YEARS, S/O KUMARAN, 1/1, THIRUVALLUVAR THERU, KALAVAI POTTAL, KARAKKUDI, SIVAGANGA, TAMIL NADU, PIN – 630 001.

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BY ADVS. RAJESH SIVARAMANKUTTY VIJINA K. ARUL MURALIDHARAN

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RESPONDENT/COMPLAINANT:

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

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SENIOR PUBLIC PROSECUTOR SMT.T V NEEMA

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06.03.2023, THE COURT ON 24.03.2023 DELIVERED THE FOLLOWING:

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B.A.No.1223/2023 2

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A. BADHARUDEEN, J.

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================================

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B.A.No.1223 of 2023

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================================ Dated this the 24 th day of March, 2023

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O R D E R

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This is an application for regular bail filed by the petitioner,

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who is the sole accused in Crime No.438 of 2022 of Kozhinjampara Police Station, Palakkad, under Section 439 of the Code of Criminal Procedure.

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2. The learned counsel for the petitioner argued at length to canvass regular bail to the petitioner; whereas the learned Public Prosecutor strongly opposed bail highlighting the involvement of the petitioner in 17 crimes of similar nature and also highlighting dismissal of B.A.No.208/2023 by this Court as per order dated 27.01.2023.

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B.A.No.1223/2023 3

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3. On perusal of the records it could be noticed that this

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Court dismissed the regular bail filed by the petitioner as per order

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in B.A.No.208/2023 dated 27.01.2023. The order as such is

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extracted hereunder:

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“O R D E R

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This bail application has been filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

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2. The petitioner is the sole accused in Crime No.438 of 2022 on the files of Kozhinjampara Police Station, Kottayam District.

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3. Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

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4. The prosecution case is that at about 11.10 a.m. on 04.07.2022, the petitioner herein who is the accused in the above crime with an intention to steal away articles belonging to the defacto complainant, trespassed upon the building through its kitchen, where witness numbers 1 to 4 were residing after removing the tiles of the building. Thereafter, the accused had stolen away Indian currency to the tune of Rs.1,09,800/- kept there in two bundles with denominations of Rs.500/- and Rs.200/- Thereafter he had hided the amount. On the said premise, the prosecution alleges commission of offences punishable under Sections 457, 461, 380 and 201 of the Indian Penal Code.

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5. The learned Counsel for the petitioner submitted that even though the petitioner has involvement in 15 crimes of somewhat

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B.A.No.1223/2023 4

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similar nature in Tamil Nadu and 3 crimes in Kerala, he was granted bail in all crimes and he has been continuing in custody because he was denied bail in this crime.

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6. The learned Public Prosecutor vehemently opposed the grant of bail and pointed out the involvement of the petitioner in the following crimes:

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1 Kozhinjampara PS Crime 500/2022 U/S.457,461, 380 IPC 2 Kozhinjampara PS Crime 524/2022 U/S.457,461, 380 IPC 3 Tamil Nadu, Sivaganga, Kallal PS Crime 23/2019

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U/S.457,461,380 IPC

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4 Tamil Nadu Sakkottai PS Crime 60/2019 U/S.457,461,380 IPC

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5 Tamil Nadu Thirukosthur PS Crime 15/2019 U/S.457,461,380 IPC

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6 Tamil Nadu Ulakampotti PS Crime 73/2020 U/S.294(b),323,506 IPC

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7 Tamil Nadu Madurai Ottakadai PS Crime 481/2019

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U/S.454,461,380 IPC

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8 Tamil Nadu Madurai Ottakadi PS Crime 412/2021 U/S.457,461,380 IPC

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9 Tamil Nadu Madurai Ottakadai PS Crime 692/2021 U/S.392 IPC

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10 Tamil Nadu Madurai Ottakadi PS Crime 1227/2021 U/S.457,461,380 IPC

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11 Tamil Nadu Madurai Ottakadi PS Crime 174/2020 U/S.188,267,279 IPC

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B.A.No.1223/2023 5

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12 Tamil Nadu Madurai Ottakadi PS Crime 621/2019 U/S.151 Cr.PC

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13 Tamil Nadu Nagapattanam Vettakaran Iruppu PS Crime 521/2020 U/S.143,188,269,341 IPC

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14 Tamil Nadu Ramanathapuram Emaneswaram PS Crime 32/2022 U/S.454,380 IPC

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15 Tamil Nadu Ramanathapuram Emaneswaram PS Crime 33/2022 U/S.454, 380 IPC

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16 Tamilnadu T. Nagar District Valsaravakkam PS Crime 466/2019 U/S.454,380 IPC

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17 Tamilnadu T. Nagar District Valsaravakkam PS Crime 467/2019 U/S.454, 380 IPC

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7. On perusal of the list of crimes, where the petitioner had involved, it is to be noted that even though the petitioner attained only aged 21 years after committing the offence of theft for the first time in the year 2019, he continued the same. On each and every occasion when he was released on bail he had repeated the same crime and this is the 18th crime. If such a person is released on bail, definitely, he will repeat commission of similar offences and he will be a threat to the peaceful living of people in the society. Such a person does not deserve bail. Hence, this bail application is dismissed.

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Registry is directed to forward copy of this order to the trial Court as well as the Sessions Court, for information and guidance.”

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4 . In fact, this Court denied bail to the petitioner on the

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finding that if he would be released on bail, he would repeat similar

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B.A.No.1223/2023 6

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offence and he would be a threat to the peaceful living of the people in the society. It is suffice to add that the petitioner's trial

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shall be completed, keeping him in custody. Therefore, I am not inclined to release the petitioner on bail.

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5 . With the above observation, this petition stands

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dismissed.

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Registry is directed to forward copies of this order to the trial Court as well as the Sessions Court, for information and guidance.

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Sd/- (A. BADHARUDEEN, JUDGE)

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rtr/

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B.A.No.1223/2023 7

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APPENDIX OF BAIL APPL. 1223/2023

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PETITIONER'S ANNEXURES

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Annexure A TRUE COPY OF THE ORDER DATED 16-12-2022 IN CRIMINAL MISCELLANEOUS PETITION NO. 4154/2022 PASSED BY THE SESSIONS JUDGE, PALAKKAD. Annexure B CERTIFIED COPY OF THE ORDER DATED 27-12023 IN BA NO. 208/2023 PASSED BY THIS HON'BLE COURT. Annexure C TRUE COPY OF THE ORDER DATED 19-1-2023 IN B.A. NO. 262/2023 PASSED BY THIS HON'BLE COURT. Annexure D TRUE COPY OF THE DAILY STATUS REPORT IN C.C. NO, 699/2022 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE, CHITTUR DATED 1-2-2023.

Nagaraj Kumaran v. State of Kerala

Case brief

What is this about?

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Nagaraj Kumaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

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