Zakeer, vs State of Kerala,

Type Court Judgment Court Kerala Decided Dec 22, 2023

~3 min read

https://sooperkanoon.com/case/1404764

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1404764
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Dec 22, 2023
Case Number: Bail Appl./10156/2023

Parties & Advocates

Appellant / Petitioner

Zakeer,

Respondent

State of Kerala,

Excerpt

.....come up for admission on 22.12.2023, the court on the same day delivered the following: :2:orderdated this the 22nd day of december, 2023 apprehending arrest in crime no.1592 of 2023 of karunagappally police station, registered for offences under sections 506 and 353 r/w 34 of the indian penal code, the accused, nos.1 and 2, has filed this petition.2. the prosecution allegation is that on 05.10.2023, at10.05 p.m., the excise officials came to the house in a bike; the accused persons threatened them and tried to attack them and caused damage to their bike. thereby, the accused obstructed them from doing their official duty. thus, the accused committed the above offence.3. the learned counsel appearing for the petitioners and the learned public prosecutor were heard.4. considering the allegations against the petitionershaving attacked the excise officers, who came and searched the house of the petitioner on getting information about their possession of narcotic substances, they were allegedly attacked and caused damage to their bike. it cannot be said that the offences alleged are not attracted in the case. :3: accordingly, i am not inclined to grant anticipatory bail as it will adversely affect a proper investigation.5. therefore, the following directions are issued:- in the event the petitioners surrender before theinvestigating officer in two weeks, 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 as above. sd/- mohammed nias c.p., judge mtk :4: appendix of bail appl......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 BAIL APPL. NO. 10156 OF 2023 CRIME NO.1592/2023 OF KARUNAGAPALLY POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.1 AND 2: ZAKEER, AGED 24 YEARS DINADU KOLLAM, PIN - 690542 SHALU, AGED 28 YEARS ADINADU, KOLLAM, PIN - 690542 BY ADVS. R.SUNIL KUMAR A.SALINI LAL RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SMT. T.V. NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

ORDER

Dated this the 22nd day of December, 2023 Apprehending arrest in Crime No.1592 of 2023 of Karunagappally Police Station, registered for offences under Sections 506 and 353 r/w 34 of the Indian Penal Code, the accused, Nos.1 and 2, has filed this petition.

2. The prosecution allegation is that on 05.10.2023, at

10.05 p.m., the excise officials came to the house in a bike; the accused persons threatened them and tried to attack them and caused damage to their bike. Thereby, the accused obstructed them from doing their official duty. Thus, the accused committed the above offence.

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

4. Considering the allegations against the petitioners

having attacked the excise officers, who came and searched the house of the petitioner on getting information about their possession of narcotic substances, they were allegedly attacked and caused damage to their bike. It cannot be said that the offences alleged are not attracted in the case. :3: Accordingly, I am not inclined to grant anticipatory bail as it will adversely affect a proper investigation.

5. Therefore, the following directions are issued:- In the event the petitioners surrender before the

Investigating Officer in two weeks, 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 as above. Sd/- MOHAMMED NIAS C.P., JUDGE mtk :4: APPENDIX OF BAIL APPL. 10156/2023 PETITIONER ANNEXURES COPY OF THE FIR IN CRIME NO: 1592/23 OF Annexure 1 KARUNAGAPPALLY POLICE STATION

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