Kerala High Court
Nithin vs State Of Kerala on 30 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
BAIL APPL. NO. 8197 OF 2023
CRIME NO.2504 OF 2023 OF PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT
AGAINST THE ORDER/JUDGMENT CRMC 2549/2023 OF DISTRICT COURT & SESSIONS COURT,
ERNAKULAM
PETITIONER/ACCUSED NO.3:
NITHIN,
AGED 23 YEARS
S/O GEORGE, PANDARAPARAMBIL HOUSE, NEAR KULAKADAVU, KUMBALANGHI,
ERNAKULAM, PIN - 682007
BY ADVS.
M.H.HANIS
P.M.JINIMOL
T.N.LEKSHMI SHANKAR
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
OTHER PRESENT:
SR.PP-SMT.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.8197 OF 2023
2
O R D E R
This application is filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.2504/2023 of
Palluruthy police station, Ernakulam, for having committed
offences punishable under Sections 294(b), 323, 324, 341, 308
and 506 IPC.
3. The prosecution allegation is that on 28/08/2023 at
about 9.30 P.M., accused No.2 and other accused restrained the
defacto complainant and abused and fisted him. When the
defacto complainant's friend intervened to prevent it, accused
no.5 kicked him and beat him with his helmet and accused no.2
kicked him and beat him with his helmet at Jawahar Nagar road
in Pazhangad and thereby, the petitioner committed the
aforesaid offences.
4. The learned counsel appearing for the petitioner would
say that the petitioner is innocent and falsely implicated with
ulterior motives. At any rate, he points out that the petitioner
BAIL APPL.NO.8197 OF 2023
has been in custody since 29.08.2023, and continued custody of
the petitioner is unnecessary. It is also submitted that the
second accused has already been granted bail by the learned
Additional Sessions Judge -VI, Ernakulam, in Crl.
M.C.No.2707/2023.
5. The learned Public Prosecutor opposed the petition and
points out that the petitioner is not entitled to bail.
6. After having considered the submissions of the learned
counsel for the petitioner and the learned Public Prosecutor
and considering the nature of injuries caused and the fact that
the petitioner has been in custody since 29.08.2023, I hold that
bail can be granted to the petitioner.
7. Accordingly, this application is allowed, and the
petitioner is granted bail subject to the following conditions:-
1.The petitioner shall be released on bail on
executing a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for
the like sum to the satisfaction of the
jurisdictional court;
BAIL APPL.NO.8197 OF 2023
2.The petitioner shall report before the
Investigating Officer as and when directed.
3.The petitioner shall surrender his passport, if
any, within seven days from the date of his
release before the court concerned, and if the
release of the passport is required at a later
period, the petitioner shall be at liberty to move
an appropriate application for the same before
the court having jurisdiction. If he has no
passport, he shall file an affidavit to that effect
before the court concerned on the date of
execution of the bond or within three days
thereafter.
4.The petitioner shall not tamper or attempt to
tamper with the evidence or influence or try to
influence the witnesses.
5.The petitioner shall not be involved in any other
crime while on bail.
6.If any of the conditions are violated, the court
BAIL APPL.NO.8197 OF 2023
concerned shall be empowered to take steps for
cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
shg
BAIL APPL.NO.8197 OF 2023
APPENDIX OF BAIL APPL. 8197/2023
PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE ORDER IN CRL.M.C NO.2549/2023
DATED 12-09-2023 IN CRIME NO.2504/2023 OF
PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT FILED
BEFORE THE COURT OF SESSION, ERNAKULAM
