Mujeeb Rahman @ Veeta Mujeeb v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 Bail Appl..No. 1284 of 2015 () ------------------------------- CRIME NO. 548/2014 OF KAYAMKULAM POLICE STATION , ALAPPUZHA PETITIONER/ACCUSED :

---------------------------------- MUJEEB RAHMAN @ VEETA MUJEEB, AGED 35 YEARS, S/O.RAJAN ABOOBACKER, SAKEENA MANZIL, KAYAMKULAM. BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT/ COMPLAINANT :

--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

B.KEMAL PASHA, J.

................................................................ B.A. No.1284 of 2015 ............................................................... Dated this the 17th day of March, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.548/2014 of the Kayamkulam Police Station, Alappuzha presently pending as S.C.363/2014 before the Sessions Court, Alappuzha registered for the offences punishable under Sections 366, 376(2)(i) and 345 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act.

3.

The petitioner, who is a 35 year old man, has forcibly kidnapped the 14 year old victim girl from lawful guardianship. He took her to Ervadi in Tamil Nadu, confined

B.A.No. 1284 of 2015 -: 2 :- her, and subjected her to rape at the ground of the Ervadi Durga, several times. The girl was rescued by the order of this Court. Petitioner has been in custody for the period from 27.03.2014 onwards.

4.

Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.

5.

The learned Public Prosecutor has reported that the petitioner is a notorious criminal involved in series of serious criminal cases. It seems that over and above two KAPPA proceedings he is an accused in altogether 19 criminal cases involving offences like 302, 307, 395 IPC, offences under the Arms Act, Explosive Substances Act etc. It seems that the courts below have repeatedly rejected the bail rightly to the petitioner, who is a hardened criminal. Considering the seriousness of the allegations against the petitioner in this case, I am of the view that the petitioner is not entitled to be enlarged on bail.

In the result, this Bail Application is dismissed. The

B.A.No. 1284 of 2015 -: 3 :- petitioner being an under-trial prisoner, the court below shall give priority to the trial of this case and shall dispose of the case as expeditiously as possible.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge