Kerala High Court
Noushad vs State Of Kerala on 22 November, 2023
BA 9790/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
BAIL APPL. NO. 9790 OF 2023
CRIME NO.1125/2023 OF MANNARKKAD POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT CMP 2995/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS , MANNARKAD
PETITIONER/ACCUSED:
NOUSHAD
AGED 40 YEARS
S/O.ABDUL SALAM, VELLAPULLY VEEDU, KAITHACHIRA P.O.,
MANNARKKAD, PALAKKAD DISTRICT, PIN - 678582
BY ADV BABU S. NAIR
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
2 THE STATION HOUSE OFFICER
MANNARKKAD POLICE STATION, PALAKKAD DISTRICT, PIN -
678582
PUBLIC PROSECUTOR SRI.M.C. ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.11.2023, THE COURT ON 22.11.2023 DELIVERED THE FOLLOWING:
BA 9790/23 2
MOHAMMED NIAS C.P., J.
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B.A.No.9790 of 2023
......................................................
Dated this the 22nd day of November, 2023
ORDER
This is an application for regular bail filed under Section 439 of the
Code of Criminal Procedure, 1973, by the petitioner herein, who is accused of
having committed offences punishable under Sections 323, 324, 326 and
506(i) of IPC and the Mannarkkad police have registered crime No.1125/2023
against the petitioner.
2. The prosecution case, in brief, is as follows:- The defacto
complainant, on 20.10.2023 at 7 pm, was engaged in a conversation at the
pathway which leads to Kombamkundu colony at Kaithachira. Then the
accused out of animosity arose from the matter of the de facto complainant
questioning the accused ten days earlier about why the accused was selling
Ganja to youngsters, took a stone and punched on the head and kicked the
hip of the de facto complainant and during the same transaction intimidated
to kill the de facto complainant if the de facto complainant enquires about
unnecessary matters. Thus, initially, the above crime was registered for
offences punishable under Sections 323, 324 and 506(i) of the IPC against the
accused person and later, considering the gravity of the offence, Section 326
of the IPC was added by filing a report by the investigating officer. Thus the
accused is alleged to have committed the aforesaid offences.
3. The learned counsel for the petitioner submits that the petitioner is
in custody since 26.10.2023, the injury caused was not serious and prayed for
releasing the petitioner on bail.
4. The learned Prosecutor opposing the bail application submitted that
the petitioner is the sole accused in the crime and that the injury is a fracture
to the bone on the head of the de facto complainant as evident from the
Discharge summary, the investigation is not complete and the motive behind
the crime being that the de facto complainant questioned the accused about
him allegedly selling ganja to youngsters.
Having considered the rival submissions, the fact that a fracture has
been caused to the head of the de facto complainant, which is evident from
the medical records, the investigation is going on, the motive behind the
present crime being that the de facto complainant had questioned the
accused about selling ganja to youngsters, the antecedent under the NDPS
Act against the petitioner in crime No.627/2023 of Mannarkad police station,
I am not inclined to grant bail to the petitioner at this stage. Resultantly, the
bail application is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
APPENDIX OF BAIL APPL. 9790/2023
PETITIONER ANNEXURES
Annexure A FREE COPY OF THE ORDER DATED, 26-10-2023 IN
C.M.P.NO.2995/2023 OF THE J.F.C.M.,
MANNARKKAD
