Kerala High Court
Niyas Naseer vs State Of Kerala on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 10TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
BAIL APPL. NO. 6153 OF 2021
CRIME NO.301/2021 OF ELAMAKKARA POLICE STATION, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CRMC 1549/2021 OF II ADDITIONAL
DISTRICT COURT,ERNAKULAM, ERNAKULAM
APPLICANT/ACCUSED NO.3:
NIYAS NASEER
AGED 28 YEARS
S/O. NAZEER.K.A.,
KARUKKAPILLYIL PARAMBU,
DESHABHIMANI ROAD, KALOOR-682 017,
ERNAKULAM DISTRICT
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
ADV.C.N PRABHAKARAN - PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6153 OF 2021
2
ORDER
Dated this the 10th day of September, 2021
The petitioner is the 3rd accused in Crime No.301/2021
of Elamakkara Police Station, which is registered under Sections
341, 323, 324, 452, 457, 394(b), 307 and 34 of IPC, 1860.
2. Prosecution case is that accused 1 to 6, in furtherance
of the common object to commit attempt to murder and hurt,
committed criminal trespass into the house of the defacto
complainant at about 10.15 p.m on 01.06.2021, the 1 st accused
verbally abused him and caught hold of the neck of one Aseem -
brother-in-law of the defacto complainant, the 3 rd accused beat
the above said Aseem upon his cheek and trunk and then the 1 st
accused dragged the above-said Aseem and pointed a knife upon
the neck of the defacto complainant's sister Reshma who
questioned the assault, and thereafter the 1 st accused grabbed
the neck of the defacto complainant and pulled him towards the
kitchen of that house and the accused No.2 to 4 pulled down the
above said Reshma whereas the accused No.5 and 6 wrongfully
restrained her, and then the 1st accused again assaulted the
B.A.No.6153 OF 2021
defacto complainant by stabbing upon his shoulder and waist and
also stabbed upon the chest of one Josy, the father of the above-
said defacto complainant, thereby the accused committed the
aforementioned offences.
3. Heard the learned counsel for the petitioner as well as
the learned Public Prosecutor for the State.
4. According to the learned counsel for the petitioner, the
petitioner has been arrested on 01.07.2021. Two accused
(Accused No.4 and 5) have already been released on bail.
5. In this context, the learned Public Prosecutor submitted
that both of them were arrested on a prior date, A4 was arrested
on 27.06.2021 and A5 was arrested on 21.06.2021 and they
were released on bail on 06.08.2021 and 18.08.2021
respectively. It is contended by the learned Public Prosecutor that
A4 and A5 stand on a different footing and there is a separate
allegation against the present petitioner.
6. According to the learned Public Prosecutor, there is
clear overt act alleged against the 3rd accused. The allegation
against A3 is that he wrongfully restrained the victim for enabling
the 1st accused to stab the defacto complainant. The report filed
B.A.No.6153 OF 2021
by the SHO would reveal that the 3rd accused is involved in Crime
No.370/2018 under Sections279, 185(a), of MV Act, 369/20 u/s
4(2)(j) r/w Kedo, Palarivattam Police Station, Crime No.690/20
u/s 27 of NDPS Act, Kadavanthra Police Station, Crime
No.1527/18 u/s 27 of NDPS Act, Ernakulam North Police Station,
Crime No.965/15 u/s 118(a) KP Act.
Mere glance through the report of SHO would show
that the 3rd accused is involved in several other crimes. So the
grant of bail to 2nd, 4th, 5th, and 6th accused is not a criteria to
consider the application of the petitioner/3rd accused at this
stage.
Hence, the bail application stands dismissed.
Sd/-
M.R.ANITHA
JUDGE
SMF
