Haneefa Vs. State of Kerala

Haneefa vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2013

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https://sooperkanoon.com/case/1014435

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Citation: sooperkanoon.com/1014435
Court: Kerala High Court
Judge: Honourable Mr.Justice P.Bhavadasan
Decided On: Jan 31, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Haneefa

Respondent

State of Kerala

Excerpt

.....on 31-01-2013, the court on the same day passed the following: kss p.bhavadasan, j ----------------------------------------- b.a no.594 of 2013 --------------------------------------------------- dated this the 31st day of january, 2013 order the petitioners had moved this court by way of b.a no.215/2013 along with other accused persons for the very same relief. this court after evaluating the materials available found that it is not a fit case where the accused can be granted anticipatory bail and hence dismissed the petition.2. the learned counsel appearing for the petitioners pointed out that at that time it could not be pointed out earlier that a case and a counter has been filed.3. the fact that a case and the counter case have been filed is not a ground for granting anticipatory bail. i find that no change of circumstances is pointed out to re-consider the view taken by this court.4. considering the nature of allegation against the petitioners it is felt that it may not be proper for this court to exercise its extraordinary jurisdiction in favour of the petitioners. the petition is accordingly dismissed. b.a no.594 of 2013 :2. however, if so advised, the petitioners may surrender before the investigating officer on or before 11.2.2013 who after interrogation, shall produce them before the jfcm court concerned. if the petitioners move applications for regular bail before the said court, the learned magistrate may pass orders thereon in accordance law, if possible, on the same day itself. p.bhavadasan judge ab

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 31ST DAY OF JANUARY 2013 11TH MAGHA 193 Bail Appl..No. 594 of 2013 () ----------------------------- CRIME NO. 977/2012 OF KOLAVALLOOR POLICE STATION , KANNUR DISTRICT ........ PETITIONER(S)/ACCUSED:-: --------------------------------------------- 1. HANEEFA, AGED 3 YEARS, S/O.MOOSA,MATHATH HOUSE.

2. LATHEEF, AGED 2 YEARS, S/O.MAMMI HAJI,POTTANTAVIDA HOUSE, P.O.CENTRAL POYLOOR,KANNUR DISTRICT.

3. ABOOBACKAR @ ABBAS HAJI, AGED 5 YEARS, S/O.AMMAD,MATHATH HOUSE,P.O.CENTRAL POYLOOR, KANNUR DISTRICT. BY ADVS.SRI.P.M.PAREETH SRI.C.P.MOHAMMED SHAMEEL RESPONDENT(S)/RESPONDENT:-: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KOLAVALLOOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM ”

031. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J ----------------------------------------- B.A No.594 of 2013 --------------------------------------------------- Dated this the 31st day of January, 2013 ORDER

The petitioners had moved this Court by way of B.A No.215/2013 along with other accused persons for the very same relief. This Court after evaluating the materials available found that it is not a fit case where the accused can be granted anticipatory bail and hence dismissed the petition.

2. The learned counsel appearing for the petitioners pointed out that at that time it could not be pointed out earlier that a case and a counter has been filed.

3. The fact that a case and the counter case have been filed is not a ground for granting anticipatory bail. I find that no change of circumstances is pointed out to re-consider the view taken by this Court.

4. Considering the nature of allegation against the petitioners it is felt that it may not be proper for this Court to exercise its extraordinary jurisdiction in favour of the petitioners. The petition is accordingly dismissed. B.A No.594 of 2013 :

2. However, if so advised, the petitioners may surrender before the Investigating Officer on or before 11.2.2013 who after interrogation, shall produce them before the JFCM Court concerned. If the petitioners move applications for regular bail before the said court, the learned Magistrate may pass orders thereon in accordance law, if possible, on the same day itself. P.BHAVADASAN Judge ab

Same Court & Year Kerala · 2013 Same Parties Haneefa vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice P.Bhavadasan