Allowed

Nijildas.P. v. State of Kerala

Kerala HC12 Jun 2024Crl.MC/11040/2023

Case brief

AI extract

What is this about?

An accused in a murder case, granted conditional bail with a ban on entering the New Mahe Police Station area, sought variation after the Sessions Court declined. The High Court, noting the trial had not begun and co-accused had no such restrictions, lifted the restrictive condition and allowed the petition.

What did the court decide?

Condition No.(vi) of bail order dated 01.03.2023 lifted; condition No.(vii) rendered ineffective; Crl.M.C. allowed.

Nijildas.P. Vs State of Kerala — Bail and Remand | Kerala HC (2024)

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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 BECHU KURIAN THOMAS
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946

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CRL.MC NO. 11040 OF 2023

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CRIME NO.183/2022 OF NEW MAHE POLICE STATION, KANNUR
AGAINST THE ORDER DATED 27.09.2023 IN SC NO.653 OF 2022 OF
ADDITIONAL DISTRICT COURT - II, THALASSERY

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PETITIONER/1st PETITIONER/ACCUSED NO.7:

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NIJILDAS.P.
AGED 37 YEARS
S/O. RAMAKRISHNAN,
PARAKKANDY HOUSE, PUNNOL P.O.,
THALASSERY, PIN – 670102

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BY ADVS.
KYLASANATHA PILLAY (SR.)
ACHUTH KYLAS
SREEDEVI KYLASANATH
R.MAHESH MENON
SACHIN.P.K
VARGHESE XAVIER

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RESPONDENT/STATE:

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

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BY ADVS.
GRASHIOUS KURIAKOSE (SR.)
ADDITIONAL DIRECTOR GENERAL OF PROSECUTION

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SRI.C.K.SURESH, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C.No.11040 of 2023

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-:2:-

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BECHU KURIAN THOMAS, J.

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--------------------------------------Crl.M.C.No.11040 of 2023

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Dated this the 12^th day of June, 2024

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ORDER

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Petitioner is the seventh accused in Crime No.183/2022 of New Mahe Police Station, Kannur, which is now pending consideration as S.C.No.653/2022 on the files of the Additional Sessions Court-II, Thalassery. The crime alleged against the petitioner and 16 other accused is that they had formed themselves into an unlawful assembly on 21.02.2022, and murdered Sri.Haridasan, due to a political rivalry.

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After petitioner was arrested on 22.04.2022, the learned Sessions Judge granted him bail on 01.03.2023, imposing restrictive conditions, which included a condition as No.(vi) that petitioner shall not enter into or reside anywhere within the territorial limits of New Mahe Police Station, until the conclusion of the trial, except for the purpose of appearing before the Investigating Officer. The order also permitted the petitioner to enter into the area for any emergent personal needs with the prior permission of the Investigating Officer.

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Subsequently, an application was filed to modify the aforesaid condition. But, by order dated 27.09.2023, the learned Sessions Judge dismissed the application. It is in such circumstances that this petition under Section 482 Cr.P.C has been filed.

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Crl.M.C.No.11040 of 2023

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-:3:-

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I have heard Sri. Kylasanatha Pillay, the learned Senior Counsel instructed by Sri. Achuth Kylas, the learned counsel for the petitioner and Sri. Grashious Kuriakose, the learned Additional Director General of Prosecution, instructed by Sri. C.K.Suresh, the learned Public Prosecutor.

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The limited question to be considered is whether the condition imposed in the bail order dated 01.03.2023 ought to be varied or not. A perusal of the said condition No.vi in the above-mentioned order indicates that the learned Sessions Jude specified that the condition shall remain until the conclusion of the trial. Though the order was issued on 01.03.2023, till date, trial has not started. The learned Public Prosecutor fairly conceded that the prosecution has no objection to vary the said condition to a limited extent, restricting the entry to his residential limits for a few days a week.

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Taking note of the circumstances of the case and also the fact that accused A3, A13 , A14 and A15 were granted bail by a learned Single Judge of this Court without any restrictive covenants regarding entry into the territorial limits of their residence, I am of the view that, the said restrictive condition ought not to remain in force any further. The prosecution has no case that petitioner has involved in any crime after the grant of bail.

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Taking note of all the above factors, I am satisfied that condition No.vi in the order of bail dated 01.03.2023 is liable to be

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Crl.M.C.No.11040 of 2023

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-:4:-

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lifted. Ordered accordingly. Since condition No.vi is lifted, needless to mention, condition No.vii will also not remain effective.

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Criminal miscellaneous case is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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jka/12.06.24.

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Crl.M.C.No.11040 of 2023

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-:5:-

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APPENDIX OF CRL.MC 11040/2023

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PETITIONER’S ANNEXURES

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Annexure A-1THE TRUE COPY OF THE FIR NO.0183 OF 2022
SUBMITTED BY THE NEW MAHI POLICE
STATION, KANNUR CITY.

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Annexure A-2THE TRUE COPY OF THE CHARGE SHEET
NO.312/2022 DATED 21-02-2022 SUBMITTED
BY NEW MAHE POLICE STATION, KANNUR CITY
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THALASSERY

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Annexure A-3THE TRUE COPY OF THE ORDER DATED 01-03-
2023 GRANTING BAIL TO THE PETITIONER
WITH SEVERAL CONDITIONS IMPOSED.

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Annexure A-4THETRUECOPYOFTHE
CRL.M.P.NO.5642/2023 FILED BY THE
PETITIONER BEFORE THE COURT OF SESSIONS,
THALASSERY.

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Annexure A-5TRUE COPY OF COMMON ORDER DATED 27-09-
2023INCRL.M.P.NO.5642/2023IN
SC.NO.653/2022OFSESSIONSCOURT
THALASSERY

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Annexure A-6THE TRUE COPY OF THE REPRESENTATION
DATED 15-10-2023 SUBMITTED BY THE
PETITIONER BEFORE THE CIRCLE INSPECTOR
OF POLICE, NEW MAHE POLICE STATION.

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Annexure A-7THE TRUE COPY OF THE ORDER DATED 20-07-
2023 PASSED BY THE THIS HON'BLE COURT IN
B.ANO.4803/2023 FILED BY THE ACCUSED
NO.3.

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Annexure A-8THE TRUE COPY OF THE SCREENSHOT OF THE
E-COURT STATUS OF THE CASE AGAINST THE
PETITIONER BEARING SC NO. 164/2018
PENDING BEFORE THE DISTRICT AND SESSION
COURT, THALASSERY

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Annexure A-8(a)THE TRUE COPY OF THE SCREENSHOT OF THE
E-COURT STATUS OF THE CASE AGAINST THE

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Crl.M.C.No.11040 of 2023

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-:6:-

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PETITIONER BEARING CC NO. 2016/2017
PENDING BEFORE THE JFCM COURT,
THALASSERY

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Annexure A-8(b)THE TRUE COPY OF THE SCREENSHOT OF THE
E-COURT STATUS OF THE CASE AGAINST THE
PETITIONER BEARING CC NO. 2025/2017
PENDING BEFORE THE JFCM COURT,
THALASSERY

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Annexure A-8(c)THE TRUE COPY OF THE SCREENSHOT OF THE
E-COURT STATUS OF THE CASE AGAINST THE
PETITIONER BEARING CC NO. 1415/2018
PENDING BEFORE THE JFCM COURT,
THALASSERY
Annexure A-9THE TRUE COPY OF THE ORDER DATED
28.11.2023 OF THE COURT OF SESSIONS,
THALASSERY

Nijildas.P. v. State of Kerala

Case brief

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Nijildas.P. v. State of Kerala

Case brief

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