Haseeb vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Dec 21, 2023

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Citation: sooperkanoon.com/1374437
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Dec 21, 2023
Case Number: Bail Appl./5793/2023

Parties & Advocates

Appellant / Petitioner

Haseeb

Respondent

State of Kerala

Excerpt

.....bail application having come up for admission on 21.12.2023, the court on the same day delivered the following: ..2.. mohammed nias c.p.j --------------------- b.a.no.5793 of 2023 --------------------------- dated this the 21st day of december, 2023orderthis application is filed under section 438 of the code of criminal procedure, seeking pre-arrest bail.2. the petitioner is accused in crime no.507/2023 of palakkad town south police station, palakkad district, for having allegedly committed offences punishable under section 392 r/w section 34 of the ipc.3. the prosecution case is that, on 24.04.2023 ataround 06.55 pm, the 1st and 2nd accused in furtherance of their common intention to rob and the de-facto complainant of an amount of rs.30 lakhs which was entrusted to him by his employer and which he was carrying in his scooter. it is further alleged that the accused persons attacked the de-facto complainant by spraying in his eyes and hitting him on the head with a ..3.. hammer and thereby he committed the above offence.4. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.5. considering the allegations against thepetitioner and also that a lookout notice has been issued by the investigating officer, it is clear that the petitioner was all along absconding. under such circumstances, i am not inclined to grant anticipatory bail to the petitioner as it will certainly affect a proper investigation. the bail application is dismissed. sd/- mohammed nias c.p. judge bng

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, BAIL APPL. NO. 5793 OF 2023 CRIME NO.507/2023 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD PETITIONER: HASEEB AGED 28 YEARS S/O. KUNJUMUHAMMAD, KANDALATH HOUSE, PUNNAYOOR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - BY ADVS. NIKITA J. MENDEZ P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY N. BHAT RAHUL SUNIL SRUTHY K.K RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI. M.C. ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. MOHAMMED NIAS C.P.J --------------------- B.A.No.5793 of 2023 --------------------------- Dated this the 21st day of December, 2023

ORDER

This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

2. The petitioner is accused in Crime No.507/2023 of Palakkad Town South Police Station, Palakkad District, for having allegedly committed offences punishable under Section 392 r/w Section 34 of the IPC.

3. The prosecution case is that, on 24.04.2023 at

around 06.55 pm, the 1st and 2nd accused in furtherance of their common intention to rob and the de-facto complainant of an amount of Rs.30 lakhs which was entrusted to him by his employer and which he was carrying in his scooter. It is further alleged that the accused persons attacked the de-facto complainant by spraying in his eyes and hitting him on the head with a ..3.. hammer and thereby he committed the above offence.

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

5. Considering the allegations against the

petitioner and also that a lookout notice has been issued by the investigating officer, it is clear that the petitioner was all along absconding. Under such circumstances, I am not inclined to grant anticipatory bail to the petitioner as it will certainly affect a proper investigation. The bail application is dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE bng

Same Court & Year Kerala Orders · 2023 Same Parties Haseeb vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.