Kerala High Court
Nishad @ Kochumon vs State Of Kerala on 14 November, 2023
BA 9434 & 9438 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
BAIL APPL. NO. 9434 OF 2023
CRIME NO.734/2023 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT IN CMP 3731/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,THIRUVALLA
PETITIONERS/ACCUSED 1 & 2:
1 NISHAD @ KOCHUMON
AGED 35 YEARS
S/O RAGHAVAN KURALLIL HOUSE VALANJAVATTOM P.O KADAPRA
VILLAGE PATHANAMTHITTA, PIN - 689621
2 SRUDHEESH @ SUDHI
AGED 31 YEARS
S/O SURESH KUTTUMMATHARAYIL HOUSE MURIYAYIKKARA
PANDANADU NORTH P.O. PANDANADU VILLAGE ALAPPUZHA, PIN
- 689506
BY ADV JAI GEORGE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SRI. MC. ASHI, PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2023, ALONG WITH BAIL APPL..9438/2023, THE COURT ON
14.11.2023 DELIVERED THE FOLLOWING:
BA 9434 & 9438 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945
BAIL APPL. NO. 9438 OF 2023
CRIME NO.733/2023 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA
PETITIONERS/ACCUSED 1 & 2:
1 NISHAD @ KOCHUMON
AGED 35 YEARS
S/O RAGHAVAN KURALLIL HOUSE VALANJAVATTOM P.O KADAPRA
VILLAGE PATHANAMTHITTA, PIN - 689621
2 SRUDHEESH @ SUDHI
AGED 31 YEARS
S/O SURESH KUTTUMMATHARAYIL HOUSE, MURIYAYIKKARA
PANDANADU NORTH P.O. PANDANADU VILLAGE ALAPPUZHA, PIN
- 689506
BY ADV JAI GEORGE
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SRI. MC. ASHI, PP & SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.202314.11.2023, ALONG WITH BAIL APPL..9434/2023, THE COURT ON
14.11.2023 DELIVERED THE FOLLOWING:
BA 9434 & 9438 of 2023 3
MOHAMMED NIAS C.P., J
......................................................................
Bail Application Nos.9434 and 9438 of 2023
........................................................................
Dated this the 14th day of November, 2023
ORDER
These applications are filed under Section 439 of the Code of Criminal
Procedure, 1973, for regular bail.
2. BA No.9438/2023 is filed by the petitioners who are accused Nos.1
and 2 in crime No.733/2023 of Pulikeezhu police station, Pathanamthitta. BA
No 9434/2023 is filed by the same petitioners/accused in crime No.734/2023
registered by the same police station.
3. The prosecution allegation is that, at 10.15 pm on 17.9.2023, the
first and second accused had an altercation with the informant and his
friends at the parking space of Kadapra Mall. The first and second accused
were in a pulsar bike and they abused the informant and his friends using
obscene language and the first accused slapped on the face of the friend of
the informant and hit him with a helmet. Thereafter, the informant and his
friends were on their way to him. The first and second accused followed the
informant and his friends and brandished a sword at them. The sword struck
the right hand of the informant and caused fracture and injury to the right
arm of the informant. The third accused is alleged to have harboured the
first and the second accused. Thus the accused have committed the
aforesaid offences. The above crimes were registered for offences punishable
under Sections 341, 294(b), 506, 323, 324, 325, 326, 367, 307 and 212 read
with 34 of the Indian Penal Code and Section 27 of the Arms Act.
4. The learned counsel for the petitioners submits that two crimes
have been registered with respect to the same incident and that the injuries
inflicted are not serious. It is also argued that the first accused was arrested
on 24.9.2023 and the second accused was arrested on 23.9.2023. It is also
argued that the allegations against them are false and considering the period
of detention they may be enlarged on bail.
5. The learned Public Prosecutor opposing the bail applications
submits that two crimes were registered because of two incidents that
occurred at two different places. He also stated that a weapon was also used
showing the intent of the petitioners, it is also pointed out that as against the
second accused, there are 19 antecedents and as against the first accused,
there are six cases.
6. After considering the rival contentions, it has been noticed that the
contention of the learned counsel for the petitioners cannot be accepted as
both crimes were registered with respect to the two different crimes at two
different locations. It is also to be noted that the petitioners have very bad
antecedents and that they were carrying a sword while going to a mall. The
chance of witnesses being intimidated and influenced cannot be ruled out at
all, given the antecedents of the petitioners. In the facts of the case, the
petitioners cannot be granted bail.
7. The petitioners' activities were anti-social; they tend to continuously
commit offences to endanger the life and property of the public, When
considering the personal liberty of the petitioners, the Courts have to weigh
the larger public interest against the individual liberty of the petitioners, and
in this case, individual liberty will have to give way to the larger public
interest. The apprehension of the prosecution that they will influence or
intimidate the witnesses cannot be ruled out. Thus, there is a likelihood of
the investigation being derailed and the trial adversely affected.
Under such circumstances, I am not inclined to grant bail. The bail
applications are accordingly dismissed.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
okb/
APPENDIX OF BAIL APPL. 9438/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER IN
CRL.M.P.NO.3732/2023 IN CRIME NO: 733/2023
OF PULIKEEZHU POLICE STATION FOR BAIL, ON
THE FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THIRUVALLA
Annexure A2 A TRUE COPY OF THE REMAND REPORT IN
CRL.M.P.NO.3732/2023 IN CRIME NO: 733/2023
OF PULIKEEZHU POLICE STATION FOR BAIL, ON
THE FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THIRUVALLA
APPENDIX OF BAIL APPL. 9434/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE ORDER IN
CRL.M.P.NO.3731/2023 IN CRIME NO: 734/2023
OF PULIKEEZHU POLICE STATION FOR BAIL, ON
THE FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THIRUVALLA.
Annexure A2 A TRUE COPY OF THE REMAND REPORT IN
CRL.M.P.NO.3731/2023 IN CRIME NO: 734/2023
OF PULIKEEZHU POLICE STATION FOR BAIL, ON
THE FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, THIRUVALLA
