← Library
High Court of KeralaBail Appl./7778/2015disposed of

Noushad v. State Of Kerala

2015-12-17Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 Bail Appl..No. 7778 of 2015 ------------------------------- CRIME NO. 299/2004 OF VADAKKEKAD POLICE STATION, THRISSUR DISTRICT. ..........

PETITIONER/4TH ACCUSED:

----------------------------------------- NOUSHAD, S/O.MOMUNNY @ MONUUNY, AGED 35 YEARS, RAYAMRAKKAR VEETIL, PILLAKKAD DESOM, CHITTANJOOR, KUNNMAKULAM.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7778 of 2015 -------------------------------------- Dated this the 17th day of December, 2015

ORDER

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioner is the 4th accused in Crime No.299 of 2004 of Vadakkekad Police Station registered for offences punishable under Sections 143, 147, 148, 452, 323, 324, 326, 506(ii), 427 and 307 r/w Section 149 I.P.C.

3.

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

4.

Learned counsel for the petitioner submitted that he is prepared to surrender before the court. Learned Public Prosecutor opposed the bail application. The crime was registered in the year 2004 and charge was filed on 03-10-2007. The matter is now pending in C.P No.4/2011 on the file of Judicial First Class Magistrate Court, Kunnamkulam. The jurisdiction of this Court under Section 438 Cr.P.C could not to be invoked in such cases.

B.A. No.7778 of 2015 2 Hence, following directions are made :

The petitioner shall surrender before the court concerned and move for bail. In that event, the court shall consider the matter expeditiously and pass appropriate orders Sd/- A.HARIPRASAD, JUDGE.

amk //TRUE COPY// P.A TO JUDGE