Rafeeq, vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023

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Citation: sooperkanoon.com/1331948
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Feb 28, 2023
Case Number: Bail Appl./440/2023

Parties & Advocates

Appellant / Petitioner

Rafeeq,

Respondent

State of Kerala

Excerpt

.....state of kerala represented public prosecutor high court of kerala, ernakulam., pin - 682031 smt.rekha sr.public prosecutor this bail application having come up for admission on 28.02.2023, the court on the same day delivered the following:orderthis is an application for anticipatory bail filed under section 438 of the code of criminal procedure.2. the petitioner is the 2nd accused in crime no.1184 of 2022 of aluva police station.2. the offences alleged against the petitioner are punishable under sections 120b, 353, 188 and 34 of ipc and section 3(2)(e) of pdpp act.3. the prosecution case in short is that on 23.9.2022 at about6.10 am, the petitioner and other persons had thrown granite stone against a ksrtc bus bearing registration no. kl-15-9080 when it reached pakalomattom bus stop near aluva and thereby sustained a loss of rs. 42,000/- to the bus. it is also alleged that the petitioner and others had obstructed the duty of the driver and the conductor of the bus.4. having heard sri.paul k. varghese, the learned counsel forthe petitioner and smt.s.rekha, the learned senior public prosecutor, i am not inclined to invoke the extra-ordinary jurisdiction vested with this court under section 438 of cr.p.c. however, the learned counsel for the petitioner submits that the petitioner is prepared to surrender before the investigating officer. hence, this bail application is disposed of as follows:(i) the petitioner shall surrender before the learned magistrate and offer for bail within a week from today.(ii) on interrogation, if the investigating officer feels that the petitioner is to be arrested, the investigating officer shall record his arrest and produce him before the jurisdictional magistrate.(iii) the bail application, if any, filed by the petitioner shall be disposed of by the learned magistrate, in accordance with law, on the same day itself, after hearing both sides. sd/- dr.kauser edappagath, judge as

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 CRIME NO.1184/2022 OF ALUVA EAST POLICE STATION, ERNAKULAM PETITIONER/ACCUSED NO.2: RAFEEQ, AGED 43 YEARS, S/O. SAIDU MUHAMMED, MAROTTIKA HOUSE, MARAMPILLY, P.O., PIN-683103. BY ADVS. PAUL K.VARGHESE A.A.GEETHA RESPONDENT/STATE: STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 SMT.REKHA SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the 2nd accused in Crime No.1184 of 2022 of Aluva Police Station.

2. The offences alleged against the petitioner are punishable under Sections 120B, 353, 188 and 34 of IPC and Section 3(2)(e) of PDPP Act.

3. The prosecution case in short is that on 23.9.2022 at about

6.10 am, the petitioner and other persons had thrown granite stone against a KSRTC Bus bearing registration No. KL-15-9080 when it reached Pakalomattom Bus stop near Aluva and thereby sustained a loss of Rs. 42,000/- to the bus. It is also alleged that the petitioner and others had obstructed the duty of the driver and the conductor of the bus.

4. Having heard Sri.Paul K. Varghese, the learned counsel for

the petitioner and Smt.S.Rekha, the learned Senior Public Prosecutor, I am not inclined to invoke the extra-ordinary jurisdiction vested with this Court under Section 438 of Cr.P.C. However, the learned counsel for the petitioner submits that the petitioner is prepared to surrender before the investigating officer. Hence, this Bail Application is disposed of as follows:

(i) The petitioner shall surrender before the learned Magistrate and offer for bail within a week from today.

(ii) On interrogation, if the investigating officer feels that the petitioner is to be arrested, the investigating officer shall record his arrest and produce him before the jurisdictional Magistrate.

(iii) The bail application, if any, filed by the petitioner shall be disposed of by the learned Magistrate, in accordance with law, on the same day itself, after hearing both sides. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS

Same Court & Year Kerala · 2023 Same Parties Rafeeq, vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath