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Naseeb vs the State of Kerala

Naseeb vs The State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 29, 2021
~2 min read
https://sooperkanoon.com/case/1652514

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./5179/2021

Parties & Advocates

Appellant / Petitioner

Naseeb

Respondent

The State of Kerala

Excerpt

bail appl. no. 5179 of 2021 1in the high court of kerala at ernakulampresent the honourable mrs. justice shircy v. thursday, the 29th day of july 2021 / 7th sravana, 1943 bail appl. no. 5179 of 2021 crime no.374/2021 of kulathupuzha police station, kollam petitioner naseeb aged 21 years s/o. nazeer, residing at vadakumkara puthen veedu, sam nagar, p.o kulathupuzha, punalur taluk, kollam district by advs. r.rajesh (varkala) m.kiranlal t.s.sarath manu ramachandran sameer m nair respondents 1 the state of kerala represented by the public prosecutor, high court of kerala, ernakulam, cochin 682 031 2 station house officer kulathupuzha police station, kollam rural, kollam district 691 310 this bail application having come up for admission on 29.07.2021, the court on the same day delivered the following: bail appl. no. 5179 of 2021 2orderthis petition has been filed by the petitioner to enlarge him on bail in crime no.374 of 2021 of kulathupuzha police station registered for the offences punishable under sections 366 and 376 of the indian penal code, 1860 with section 4 read with 3(a) and 8 read with 7 of the protection of children from sexual offences act, 2012.2. the petitioner was arrested on 29.4.2021. since then he is in custody.3. it is submitted by the learned public prosecutor that though thepetitioner has completed 90 days in custody by 28.7.2021, final report has not been filed before the court concerned. since the date of arrest is 29.4.2021 and charge sheet has not been filed till today, the petitioner is entitled for default bail. hence, this bail application is closed with a direction to the petitioner to move before the trial court for default bail. if an application is moved the same shall be disposed of on same day. sd/- shircy v, judge smm

Full Judgment

BAIL APPL. NO. 5179 OF 2021 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 BAIL APPL. NO. 5179 OF 2021 CRIME NO.374/2021 OF Kulathupuzha Police Station, Kollam PETITIONER NASEEB AGED 21 YEARS S/O. NAZEER, RESIDING AT VADAKUMKARA PUTHEN VEEDU, SAM NAGAR, P.O KULATHUPUZHA, PUNALUR TALUK, KOLLAM DISTRICT BY ADVS. R.RAJESH (VARKALA) M.KIRANLAL T.S.SARATH MANU RAMACHANDRAN SAMEER M NAIR RESPONDENTS 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031 2 STATION HOUSE OFFICER KULATHUPUZHA POLICE STATION, KOLLAM RURAL, KOLLAM DISTRICT 691 310 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 5179 OF 2021 2

ORDER

This petition has been filed by the petitioner to enlarge him on bail in Crime No.374 of 2021 of Kulathupuzha police station registered for the offences punishable under Sections 366 and 376 of the Indian Penal Code, 1860 with Section 4 read with 3(a) and 8 read with 7 of the Protection of Children from Sexual Offences Act, 2012.

2. The petitioner was arrested on 29.4.2021. Since then he is in custody.

3. It is submitted by the learned Public Prosecutor that though the

petitioner has completed 90 days in custody by 28.7.2021, final report has not been filed before the court concerned. Since the date of arrest is 29.4.2021 and charge sheet has not been filed till today, the petitioner is entitled for default bail. Hence, this bail application is closed with a direction to the petitioner to move before the trial court for default bail. If an application is moved the same shall be disposed of on same day. Sd/- SHIRCY V, JUDGE smm

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