Latheef M.V v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7174 of 2015 ------------------------------- CRIME NO. 249/2013 OF PARIYARAM POLICE STATION, KANNUR DISTRICT. ..........

PETITIONER/ACCUSED:

---------------------------------- LATHEEF M.V, S/O.AHAMMAD, AGED 40 YEARS, MADANVALLIYODE VEEDU, PERUYARAM AMSOM, KORAMPEDIKA.

BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031

2. THE STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT - 670502.

BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.7174 of 2015 -------------------------------------- Dated this the 17th day of November, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.249 of 2013 of Pariyaram Medical College Police Station registered under Section 15(1)(a) read with Section 15(4) of the Kerala Anti Social Activities (Prevention) Act, 2007.

3.

Prosecution case is that the petitioner is involved in 18 cases and a habitual criminal. The Kerala Anti Social Activities (Prevention) Act, 2007 was invoked in this case and the DIG of Police, Kannur passed an order dated 18.04.2012 that the petitioner shall not enter the limits of Kannur District till 17.04.2013 without the permission of the Superintendent of Police, Kannur. While the order was in force, on 10.03.2013 at 17.20 hours, the accused entered Kannur District and restrained Policemen and intimidated them. Further, he abused the Police Officers and prevented them from discharging duty.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner

BA No.7174/2015 is falsely implicated in this case. Further, there was no preventive order as alleged by the prosecution.

6.

Learned Prosecutor handed over a report for scrutiny. It is seen that petitioner is involved in 18 cases. In this particular case, charge has been filed on 18.02.2014 before the Court of Judicial First Class Magistrate, Payyannur.

Considering the nature of allegations and the antecedents of the petitioner, I am not inclined to grant bail. However, it is directed that the learned Magistrate shall try the case as expeditiously as possible and complete the trial within a period of three months from today. Bail application is dismissed.

A. HARIPRASAD, JUDGE.

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