Fahad @ Fayad K.K. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 Bail Appl..No.113 of 2015 (D) ---------------------------------- CC 79/2011 of J.M.F.C.,KUTHUPARAMBA CRIME NO. 685/2010 OF KUTHUPARAMBA POLICE STATION, KANNUR ----- PETITIONER/7TH ACCUSED:

------------------------------- FAHAD @ FAYAD K.K. AGED 23 YEARS S/O. SUBAIR, KAKKARAYIL VEEDU, KANDAMKUNNU NEEVERLI P.O., KANNUR DISTRICT.

BY ADVS. SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT/COMPLAINANT:

--------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.NISHA M.G.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

------------------------------------------------ B. A. No.113 of 2015 ------------------------------------------------ Dated this the 22nd day of June, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.

3. The petitioner is the seventh accused in Crime No.685 of 2010 of Koothuparamba Police Station. The offences alleged are under Sections 143, 147, 148, 448 and 427 read with Section 149 of IPC. None of the offences alleged against the petitioner is a non-bailable one. Therefore, Section 438 of Cr.P.C is not attracted in this case in order to enable the petitioner to move an application before this Court under that Section. This petition is not maintainable and on that ground, it is dismissed. Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE

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