Nibin vs State Of Kerala
2021 Latest Caselaw 12926 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
 MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                  CRL.A NO. 261 OF 2021
   CRIME NO.1096/2020 OF MALA POLICE STATION, THRISSUR
         MC 173/2021 OF SESSIONS COURT, THRISSUR
APPELLANT/S:

         NIBIN
         AGED 30 YEARS
         S/O ANDREWS,
         AANAPATUVILA HOUSE,
         GURUTHIPALAM DESOM,
         ANNALLOOR VILLAGE,
         THRISSUR -680731.

         BY ADV P.B.AJOY



RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
         OF KERALA,
         ERNAKULAM-682031.

    2    VISHAL
         AGED 31 YEARS
         S/O MANOHARAN,
         KOOTTUKARA HOUSE,
         GURUTHIPALAM DESOM,
         ANNALLOOR VILLAGE,
         THRISSUR-680731.


THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CRL.A NO. 261 OF 2021

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                                 JUDGMENT

The appellant is the 1st accused in Crime No. 1096

of 2020 of Mala Police Station for having

committed the offences punishable under Sections

341, 324, 326, 207, 294(b) and 506 of the Indian

Penal Code; Section 27 of the Arms Act; and

Section 3(2)(V) of the Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Act,

2016.

2. The prosecution case, in brief, is that on

10.09.2020 at about 4.30 pm, the appellant

wrongfully restrained the son of the defacto

complainant namely, Vishal, owing to the previous

animosity and assaulted him with a sword to

commit murder by causing grievous injuries on

him.

3. Heard the learned counsel for the appellant and

the learned Public Prosecutor.

4. By order dated 03.12.2020, this Court dismissed

the bail application filed by the appellant on CRL.A NO. 261 OF 2021

..3..

the ground that the appellant inflicted grievous

injuries on the defacto complainant's son with a

dangerous weapon like a sword and he is a person

having criminal antecedents. He was convicted for

an offence under Section 307 of the IPC by the

Principal Assistant Sessions Court, Irinjalakkuda

in SC No.773 of 2014 and he is accused in several

cases. Being a person with criminal antecedents,

this Court declined bail.

5. Subsequent to the order of this Court, the

execution of sentence imposed on the appellant in

SC No. 773 of 2014 of the Principal Assistant

Sessions Court, Irinjalakkuda was suspended by

this Court in Crl.Appl.No.1 of 2021 in Crl.RP

No.127 of 2021. The appellant has been in custody

from 10.09.2020 onwards.

6. Having considered the facts and circumstances

involved, it is just and proper to release the

appellant on bail. The appellant shall be

released on bail during the pendency of the

appeal on furnishing a bail bond of Rs.1,00,000/- CRL.A NO. 261 OF 2021

..4..

(Rupees one lakh only) with two solvent sureties

each for the like amount to the satisfaction of

the court concerned on the following conditions;

1. The appellant shall appear before the

investigating officer as and when required;

and

2. The appellant shall surrender his passport, if

any, before the jurisdictional magistrate

within two weeks from the date of release of

bail. In case the appellant is not having a

passport, the appellant is directed to file an

affidavit within two weeks before the

jurisdictional magistrate concerned.

3. The petitioner shall not commit any other

offence during the period of bail.

The appeal is disposed of accordingly.

Sd/-

N.ANIL KUMAR

JUDGE Bka/14.06.2021 CRL.A NO. 261 OF 2021

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APPENDIX OF CRL.A 261/2021

PETITIONER ANNEXURES

ANNEXURE-A1 TRUE COPY OF THE ORDER DATED 19/02/2021 IN CRL.M.A NO.1/2021 IN CRL.RP NO.127/2021 OF THE HIGH COURT OF KERALA.

ANNEXURE-A2 TRUE COPY OF THE ORDER DATED 03.12.2020 IN BA NO.8164/2020 OF THE HIGH COURT OF KERALA.