Nousharban @ Chikku vs State Of Kerala
2023 Latest Caselaw 10615 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                     BAIL APPL. NO. 8271 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 2524/2023 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS -II, KOCHI
     (CRIME NO.1811 OF 2023 OF THOPPUMPADY POLICE STATION)
PETITIONER

             NOUSHARBAN @ CHIKKU
             AGED 22 YEARS
             S/O . HANEEF, H.NO.3/401, AMBALATH VEEDU,
             MATTANCHERRY/ ERNAKULAM, NOW RESIDING AT
             AMBALATHVEEDU, KUZHUPPILLY, EDAVANAKKADU, NJARAKKAL,
             ERNAKULAM, PIN - 682501
             BY ADV HABEEBA MOOSA

RESPONDENT

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR (REPRESENTING S.I OF
             POLICE, THOPPUMPADY POLICE STATION, ERNAKULAM), HIGH
             COURT OF KERALA, ERNAKULAM., PIN - 682031
OTHER PRESENT:

             SRI.P.G.MANU(MAMMALASSERY), SR.PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 8271 of 2023
                                    2




                      MOHAMMED NIAS C.P, J.
                    ---------------------------------------------
                        B.A. No.8271 of 2023
             ------------------------------------------------------
             Dated this the 16th day of October, 2023


                              ORDER

This is an application for regular bail filed under Section 439

of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime No.1811/2023 of Thoppumpady Police Station, which was registered for the

offences punishable under Sections 364, 364A, 365, 323, 324,

392, 307 read with Section 37 of the Indian Penal Code.

3. The allegation against the petitioner is that, on

23.08.2023 at about 3.00 hours, the petitioner along with other

accused persons abducted the victims in their car, took them to a

ground near Malippuram Karthedam road as they demanded

money for their MDMA business and brutally assaulted them with

an iron rod, PVC pipe on their back, neck and legs, with an

intention to kill them. Thereby the accused have committed the

offence. The petitioner was arrested on 28.08.2023, and since

then, he has been under judicial detention. B.A. No. 8271 of 2023

4. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that the

petitioner is innocent of all the allegations.

` 6. The learned Public Prosecutor opposes the prayer

sought by the petitioner.

7. I have gone through the records. From the materials

placed on record, it is evident that there are specific allegations

against the petitioner that the accused persons abducted the

victims and took them to a ground near Malippuram Karthedam

road as they demanded money for their MDMA business and

brutally assaulted them with iron road and PVC pipe on their

back, neck and legs, with an intention to kill them and also the

fact there are five other crimes against the petitioner, out of which

two are NDPS cases and also the fact that eight serious injuries

have been caused to the victims, I do not find this as a fit case in

which bail can be granted to the petitioner, despite the fact that

the 2nd accused has already been granted bail. In such

circumstances, I do not find any merit in this application, and B.A. No. 8271 of 2023

accordingly, the same is dismissed.

Sd/-

                                    MOHAMMED NIAS C.P

smm                                      JUDGE