Noushad M vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Apr 09, 2024

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Citation: sooperkanoon.com/1319867
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Apr 09, 2024
Case Number: Bail Appl./2617/2024

Parties & Advocates

Appellant / Petitioner

Noushad M

Respondent

State of Kerala

Excerpt

.....pin - 682031 2 the station house officer kallambalam police station thiruvananthapuram, pin - 695310other present: sr pp smt neema t v this bail application having come up for admission on 09.04.2024, the court on the same day delivered the following: -:2:- dated this the 9th day of april, 2024orderthe application is filed under section 438 of the code of criminal procedure, 1973, for an order of pre-arrest bail.2. the petitioner submits that he apprehends arrest by the kallambalam police station, thiruvananthapuram, in crime no.1265/2019 for allegedly committing a non-bailable offence.3. heard; sri. n. sasi, the learned counsel appearing for the petitioner and smt.neema t.v., the learned senior public prosecutor.4. the learned public prosecutor, on instructions,submitted that the petitioner is the fourth accused in the above crime, which has been registered against the accused for allegedly committing the offences under section 465, 467, 468, 471, 406 & 420 read with section 34 of the indian penal code, 1860. the petitioner has criminal antecedents. the said submission is recorded.-:3:-5. on a reading of the bail application none of thedetails pertaining to the incident, crime number or the offences have been mentioned. the bail application is vague and lacks the requisite details, particularly on the accusation levelled against the petitioner. therefore, in view of the conspicuous absence of the elementary details, i hold that the application is not sustainable, and the petitioner is to be directed to file a fresh application after incorporating all the requisite details.in the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application after incorporating his rank, crime number, the offences and also the specific accusations levelled against him. sd/- c.s.dias,judge dst/09.04.24 //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 BAIL APPL. NO. 2617 OF 2024 PETITIONER: NOUSHAD M AGED 50 YEARS S/O. MOHAMMED KUNJU, MELATHIL HOUSE, MUTTAPPALAM, CHEMMARUTHY, THIRUVANANTHAPURAM, PIN - 695145 BY ADVS. N.SASI RASMI NAIR T. JITHENDRAN S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KALLAMBALAM POLICE STATION THIRUVANANTHAPURAM, PIN - 695310

OTHER PRESENT: SR PP SMT NEEMA T V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 9th day of April, 2024

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2. The petitioner submits that he apprehends arrest by the Kallambalam Police Station, Thiruvananthapuram, in Crime No.1265/2019 for allegedly committing a non-bailable offence.

3. Heard; Sri. N. Sasi, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Senior Public Prosecutor.

4. The learned Public Prosecutor, on instructions,

submitted that the petitioner is the fourth accused in the above crime, which has been registered against the accused for allegedly committing the offences under Section 465, 467, 468, 471, 406 & 420 read with Section 34 of the Indian Penal Code, 1860. The petitioner has criminal antecedents. The said submission is recorded.

-:3:-

5. On a reading of the bail application none of the

details pertaining to the incident, crime number or the offences have been mentioned. The bail application is vague and lacks the requisite details, particularly on the accusation levelled against the petitioner. Therefore, in view of the conspicuous absence of the elementary details, I hold that the application is not sustainable, and the petitioner is to be directed to file a fresh application after incorporating all the requisite details.

In the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application after incorporating his rank, crime number, the offences and also the specific accusations levelled against him. Sd/- C.S.DIAS,JUDGE DST/09.04.24 //True copy// P.A. To Judge

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