Kerala High Court
Nahas Unni vs State Of Kerala on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
BAIL APPL. NO. 8437 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1362/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, PATHANAPURAM, KOLLAM
CRIME NO.162/2021 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT.
PETITIONER/10TH ACCUSED:
NAHAS UNNI
AGED 28 YEARS
S/O NAZARUDEEN, N.J.VILLA, AYIKUNNAM, SOORANADU SOUTH
MURI, SOORANADU SOUTH VILLAGE, KOLLAM DISTRICT, PIN-695
522.
BY ADVS.
K.SIJU
ANJANA KANNATH
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-31.
2 STATION HOUSE OFFICER
PATHANAPURAM POLICE STATION, KOLLAM DISTRICT, PIN-689
695
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.8437 OF 2021
2
ORDER
The petitioner who is arraigned as the 10 th accused in Crime
No. 162/2021 of Pathanapuram Police Station, registered for the
offences punishable under Sections 143, 147, 148, 294(b), 323,
324, 308 r/w 149 IPC has moved this application for regular bail.
2. The petitioner has been in custody since 27.10.2021.
3. The facts of the case registered against this petitioner
and other accused are as follows:-
On 7.2.2021 at 13.30 hours the accused including this
petitioner had formed themselves into an unlawful assembly,
armed with deadly weapons abused the defacto complainant and
manhandled him. They have beaten him on his head with a stick
and the blow was somehow or other evaded by him. Otherwise it
wold have caused his death. Thus, the accused along with others
have committed the aforesaid offences.
4. The learned counsel for the petitioner would submit that he
is totally innocent of the allegations levelled against him. On the
relevant day some workers of SDPI have requested for his
BAIL APPL. NO.8437 OF 2021
vehicle to conduct a rally in connection with some political issue.
He has just given the vehicle on rent to be used as an
announcement vehicle. But he never committed any offence as
alleged against him by the prosecution. On the way a minor issue
arose with a rider of a scooter and thus he has been implicated in
the case. He has not participated in the procession and he was also
not a member of the SDPI. In fact he is innocent but he is
undergoing incarceration for the last 20 days.
5. The learned Public Prosecutor has no case that this
petitioner is having any criminal antecedents. The prosecution has
also no case that the injured had sustained very serious injuries in
the attack by the accused and no specific overt act has been
alleged against the petitioner in causing injuries to the defacto
complainant. Taking into consideration of all those facts I am
inclined to release him on bail subject to the following conditions:-
(i) The petitioner shall be released on bail on his executing a
bond for a sum of Rs.50,000/- (Rupees Fifty thousand only)
with two solvent sureties for the like sum each to the
satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer
for interrogation as and when required by him, in writing.
BAIL APPL. NO.8437 OF 2021
(iii) The petitioner shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such
facts to the court or to any police officer or tamper with the
evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned
Magistrate is empowered to cancel the bail in accordance with the
law.
Sd/-
SHIRCY V.
JUDGE
AL/-
