Allowed

Nehumath v. State of Kerala

Kerala HC22 Feb 2023Bail Appl./709/2023

Case brief

AI extract

What is this about?

An anticipatory bail application filed by accused persons charged with offences under IPC Sections 143, 147, 148, 294(b), 323, 324, 308, and 149 was allowed. The High Court directed surrender for investigation and release on bail following the injured parties' affidavits stating no grievance.

What did the court decide?

Petitioners enlarged on bail upon surrender within ten days and execution of bond for Rs. 30,000 each.

Nehumath 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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WEDNESDAY, THE 22^ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944

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BAIL APPL. NO. 709 OF 2023

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CRIME NO 1742/2022 OF ERAVIPURAM POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED NOS.1, 2, 4 & 5:

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1 NEHUMATH AGED 28 YEARS S/O ABDUL SALAM, PULIKKATHUNDIL VEEDU, PARAKKULAM, THATTAMALA, KOLLAM, PIN - 691020

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2 ASIM AGED 26 YEARS THEKKEVELIYIL VEEDU, KAYYALAKKAL ERAVIPURAM, KOLLAM, PIN - 691011

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3 MUBINSHA AGED 26 YEARS S/O VAHAB, THEKKEVILAYIL KAYALAKKAL, P.T.N - 189, ERAVIPURAM P O, KOLLAM,

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PIN - 691011

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4 SAID MUHAMMED ALI @ SAIDALI AGED 26 YEARS S/O MOHAMMD RASHEED, KIZHAKKE KAYYALAKKAL, PAZHAYATTINKUZHI, CRESENT 234, VADAKKEVILA P O, KOLLAM, PIN - 691010

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BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R.

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BAIL APPL. NO. 709 OF 2023

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

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2 STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, (CRIME NO 1742/2022 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT)., PIN - 691011

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3 AFSAL, AGED 29 YEARS, S/O NAVAS, INSHA MANZIL, PARAKULAM, VADAKKUMKARA, THAZHUTHALA, KOTTIYAM P.O., KOLLAM DISTRICT-691571.

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4 NOUFAN, AGED 26 YEARS, S/O NAZEER SAIT, Y-NAGAR 51, ERAVIPURAM P O, KOLLAM DISTRICT, PIN – 691011

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*ADDL.R3 AND R4 IMPLEADED AS PER ORDER DATED 22.02.2023 IN CRL.M.A.NO.2 OF 2023.

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BY ADVS.

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PUBLIC PROSECUTOR ANAND KALYANAKRISHNAN

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OTHER PRESENT:

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T V NEEMA(SR PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 709 OF 2023

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A. BADHARUDEEN, J.

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-------------------------------------------------

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B.A.No.709 of 2023

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------------------------------------------------- Dated this the 22^nd day of February, 2023

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O R D E R

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This is an application for pre arrest bail filed

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under Section 438 of the Code of Criminal Procedure, by

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the petitioners who are the accused Nos.1, 2, 4 & 5 in

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Crime No.1742 of 2022 of Eravipuram Police Station, Kollam.

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Heard the learned counsel for the petitioner and

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also the learned Public Prosecutor.

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I have perused the relevant materials produced

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by the learned Public Prosecutor.

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The prosecution case is that, at about 10.30 p.m., on 13.12.2022, the accused herein formed into an unlawful assembly armed with deadly weapons with the knowledge that they are all members of the said assembly with intention to commit culpable homicide not amounting

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to murder, and thereby assaulted de facto complainant and

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BAIL APPL. NO. 709 OF 2023

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his friend Noufan near Pazhayattinkuzhi Junction. On the

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above sets of fact, the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 308 and 149 of IPC.

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When this matter taken by this Court on 14.02.2023, the learned counsel for the petitioners highlighted affidavits filed by the injured persons viz., Afsal and Noufan and the copies of the affidavits are

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produced as per Annexures V and VI. Accordingly this Court directed the petitioners to surrender before the Investigating Officer for the purpose of investigation on 16.02.2023.

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The learned Public Prosecutor reported that in compliance of the interim order, the petitioners have appeared and they were questioned and recovery effected.

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In this case, the injured persons filed

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affidavits stating that they have no grievance in this occurrence. Adv.Sri.Anand Kalyanakrishnan appeared for

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Afsal and Noufan and supported Annexures V and VI

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BAIL APPL. NO. 709 OF 2023

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affidavits sworn by them.

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In fact, the purpose of investigation with the

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aid of interrogation is practically over since the weapon also was recovered. Further the petitioners are first time offenders. Taking note of the factual events discussed read along with with the affidavits sworn by the injured persons, appeared through Adv.Sri.Anand Kalyanakrishnan, who also filed Crl.M.A.No.2 of 2022 in support of the affidavits produced as Annexures V and VI, the petitioners can be enlarged on bail.

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Therefore, the bail application is allowed and the petitioners are enlarged on bail on the following conditions:

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i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners, if necessary. In the event of his arrest, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of surrender itself.

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BAIL APPL. NO. 709 OF 2023

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ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

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iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

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iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner.

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v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

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A. BADHARUDEEN, JUDGE

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BAIL APPL. NO. 709 OF 2023

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APPENDIX OF BAIL APPL. 709/2023

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PETITIONERS' ANNEXURES:

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ANNEXURE-I	AN ACCUSED COPY OF THE COMMON ORDER DATED 09.01.2023 IN CRL MC NO 2602/2022 & CRL MC NO 2634/2022
ANNEXURE-II	A COPY OF THE COMPLAINT FILED BY SOME LOCAL PEOPLE BEFORE THE POLICE DATED 17.12.2022
ANNEXURE-III	A COPY OF THE PHOTOGRAPH SHOWING THAT THE INJURED WAS CARRYING A SWORD
ANNEXURE-IV	A TRUE COPY OF THE FIR IN CRIME NO 1742/2022 OF ERAVIPURAM POLICE STATION, KOLLAM
ANNEXURE-V	NOTARIZED COPY OF THE SETTLEMENT AFFIDAVIT SIGNED BY THE DEFACTO COMPLAINANT
ANNEXURE-VI	NOTARIZED COPY OF THE SETTLEMENT AFFIDAVIT SIGNED BY THE INJURED

Nehumath v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nehumath v. State of Kerala

Case brief

What is this about?

What did the court decide?

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