Shabseen, vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2024

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Citation: sooperkanoon.com/1300675
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Jan 31, 2024
Case Number: Bail Appl./7911/2023

Parties & Advocates

Appellant / Petitioner

Shabseen,

Respondent

State of Kerala

Excerpt

.....offences punishable under sections 143, 147, 148, 342, 323, 324 & 365 r/w 149 of the indian penal code, accused nos. 3 to 6 have filed this application, under section 438 of the code of criminal procedure, seeking anticipatory bail.2. the prosecution case is that, on 19.8.2023 at about 4.00 p.m., theson of the defacto complainant was taken by somebody in a car and he did not come back. the police registered the above crime and found that the missing person was near to new bus stand in kasaragod. he was injured including a fracture of the fibula.3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. after hearing the learned counsel for the petitioners and the learned public prosecutor, it cannot be said that the offences alleged are ..3..not attracted in the case. considering the allegations and also taking note that the offence under section 326 of the ipc is included, i am of the view that the petitioners are not entitled to get anticipatory bail as it might adversely affect a proper investigation. however, the following directions are issued: in the event the petitioners surrender before the investigatingofficer within two weeks from today, they shall be interrogated and thereafter, shall be produced before the magistrate having jurisdiction, on the date of surrender itself. if the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. if the petitioners do not surrender before the investigating officer, as directed above, the investigating officer will be free to arrest the petitioners, as if no order has been passed in this case.the bail application is disposed of. sd/- mohammed nias c. p. , judge mmg ..4.. appendix of bail appl.no.7911/2023 petitioners' annexure: annexure-1 a true copy order in cmp no. court, kasaragod

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 31ST DAY OF JANUARY 2024/11TH MAGHA, 1945 BAIL APPL. NO. 7911 OF 2023 CRIME NO.749/2023 OF KASARAGOD POLICE STATION, KASARGOD PETITIONERS/ACCUSED 3 TO 6:
1 SHABSEEN, AGED 30 YEARS, S/O. ABBAS, T.V. STATION ROAD, ANANGOOR, KASARAGOD P.O.- 671121. 2 ABOOBAKER SIDDIK, AGED 28 YEARS, S/O. ABBAS, SAMEERA MANZIL, TIPPU NAGAR, VIDYA NAGAR, KASARAGOD- 671121. 3 JAFFER, AGED 32 YEARS, S/O. MOHAMMOD, BEDIRA, BERMANTHOTTI, VIDYANAGAR P.O, KASARAGOD- 671121. 4 RISWAN, AGED 27 YEARS, S/O. HASHIM, MEHABOOB ROAD, ANANGOOR, KASARAGOD P.O.- 671121. BY ADVS.M/S. H. NUJUMUDEEN, ANTONY SHYJU, P.M.MOHAMMED HASSAN, SIMI M JACOB, NAVAS HARID, AFSAL N.A., SHERIN ACHU NINAN, REKHA.M.M. & NASHLA MOL T.A.
RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. SMT.NIMA JACOB, P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C. P. , J.
B. A. No. 7911 of 2023 Dated this the 31st day of January, 2024

ORDER

Apprehending arrest in Crime No. 749/2023 of Kasargod Police Station, Kasargod, registered for offences punishable under Sections 143, 147, 148, 342, 323, 324 & 365 r/w 149 of the Indian Penal Code, accused Nos. 3 to 6 have filed this application, under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail.

2. The prosecution case is that, on 19.8.2023 at about 4.00 p.m., the

son of the defacto complainant was taken by somebody in a car and he did not come back. The Police registered the above crime and found that the missing person was near to new bus stand in Kasaragod. He was injured including a fracture of the fibula.

3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

4. After hearing the learned counsel for the petitioners and the learned Public Prosecutor, it cannot be said that the offences alleged are ..3..

not attracted in the case. Considering the allegations and also taking note that the offence under Section 326 of the IPC is included, I am of the view that the petitioners are not entitled to get anticipatory bail as it might adversely affect a proper investigation. However, the following directions are issued: In the event the petitioners surrender before the Investigating

Officer within two weeks from today, they shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction, on the date of surrender itself. If the petitioners move for bail, the Court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners, as if no order has been passed in this case.

The Bail Application is disposed of. Sd/- MOHAMMED NIAS C. P. , JUDGE MMG ..4.. APPENDIX OF BAIL APPL.NO.7911/2023 PETITIONERS' ANNEXURE: ANNEXURE-1 A TRUE COPY ORDER IN CMP NO. COURT, KASARAGOD

Same Court & Year Kerala · 2024 Same Parties Shabseen, vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.