Rasheed vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 07, 2024

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Citation: sooperkanoon.com/1311918
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Mar 07, 2024
Case Number: Bail Appl./1591/2024

Parties & Advocates

Appellant / Petitioner

Rasheed

Respondent

State of Kerala

Excerpt

.....respondent/s: 1 state of kerala represented by public prosecutor,high court of kerala, pin - 682031 2 deputy superintendent of police, vadakara division vadakra p.o , kozhikode., pin - 673101 other present: pp smt shynimol v o this bail application having come up for admission on 07.03.2024, the court on the same day delivered the following:orderthe application is filed under section 438 of the code of criminal procedure, 1973 (in short, ‘code’), for an order of pre-arrest bail.2. the petitioner is apprehending arrest by the vadakara police, kozhikode in an unknown crime for allegedly committing a anon-bailable offence.3. heard; sri.mansoorali, the learned counsel appearing for the petitioner and smt.shynimol v.o., the learned senior public prosecutor appearing for the respondents.4. the learned public prosecutor, on instructions, submitted that as on today there is no crime registered against the petitioner as alleged in the bail application. in the light of the above submission, the bailapplication is closed. it is made clear that, if the presence of the petitioner is required by the vadakara police with regard to the allegations made in the bail application, they shall be issued with a notice under section 41a of the code, if the offence alleged against him is punishable for less than seven years.sd/- c.s.dias, judge rkc/07.03.2024 appendix of bail appl. 1591/2024 petitioner annexures annexure a1 the true copy of the notice issued by the 2nd respondent dated 17.02.2024 annexure a2 the true copy of the proposal made by the petitioner on 20.07.2023 annexure a3 the true copy of the communication made by the petitioner to mr. sreejith c.k dated 08.11.2023 annexure a 4 . the true copy of the letter send by the petitioner to mr. sreejith .c.k dated 16.02.2024

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 PETITIONER/S: RASHEED AGED 37 YEARS , S/O KUNJALI, 33C, DHIYA NEST, SANGAMAM NAGAR, NEARSHAKTHI SCHOOL, CHETTIPALAYAM,COIMBATORE, TAMIL NADU, PIN - 641201 BY ADVS. MANSOOR ALI BIJITH S.KHAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 DEPUTY SUPERINTENDENT OF POLICE, VADAKARA DIVISION VADAKRA P.O , KOZHIKODE., PIN - 673101 OTHER PRESENT: PP SMT SHYNIMOL V O THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.

2. The petitioner is apprehending arrest by the Vadakara Police, Kozhikode in an unknown crime for allegedly committing a anon-bailable offence.

3. Heard; Sri.Mansoorali, the learned counsel appearing for the petitioner and Smt.Shynimol V.O., the learned Senior Public Prosecutor appearing for the respondents.

4. The learned Public Prosecutor, on instructions, submitted that as on today there is no crime registered against the petitioner as alleged in the bail application. In the light of the above submission, the bail

application is closed. It is made clear that, if the presence of the petitioner is required by the Vadakara police with regard to the allegations made in the bail application, they shall be issued with a notice under Section 41A of the Code, if the offence alleged against him is punishable for less than seven years.

Sd/- C.S.DIAS, JUDGE Rkc/07.03.2024 APPENDIX OF BAIL APPL. 1591/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 17.02.2024 Annexure A2 THE TRUE COPY OF THE PROPOSAL MADE BY THE PETITIONER ON 20.07.2023 Annexure A3 THE TRUE COPY OF THE COMMUNICATION MADE BY THE PETITIONER TO MR. SREEJITH C.K DATED 08.11.2023 Annexure A 4 . THE TRUE COPY OF THE LETTER SEND BY THE PETITIONER TO MR. SREEJITH .C.K DATED 16.02.2024

Same Court & Year Kerala Orders · 2024 Same Parties Rasheed vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias