Nekbar Ali v. S.I. Of Police, Kuruppumpadi

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Bail Appl..No. 8062 of 2015 () ------------------------------- CRIME NO. 1587/2015 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT ------------ PETITIONERS/ACCUSED 1 TO 7, 9-12 AND 14-16 : --------------------------------------------------------------------

1. NEKBAR ALI, AGED 31 YEARS, S/O.MUHAMMED KHURSHID ALI, KALLIYADINGA GRAMAM NOGAB DISTRICT, ASSAM.

2. MUHAMMED BILALUDIN, AGED 30 YEARS, S/O.MUHAMMED MANIRUDHEEN, PUPUDAJAR GRAMAM, NOGAB DISTRICT, ASSAM.

3. SHAJIBUR RAHMAN, AGED 20 YEARS, S/O.AHAMMED ALI, PUPPUDAJAR LATHOORIPAR GRAMAM NOGAB DISTRICT, ASSAM.

4. ABDUL AZEEZ, AGED 25 YEARS, S/O. SADIK AK ALI, JARADHANI VILLAGE, NOGAB DISTRICT, ASSAM.

5. MUHAMMED IJAJUL HAK, AGED 20 YEARS, S/O.MOHAMMED MARIRUDHIN PUPPUDAJAR GRAMAM, NOGAB DISTRICT, ASSAM.

6. M. DADUL HAK, AGED 20 YEARS, S/O. JANALUBDHIN, NOGAB DISTRICT, ASSAM.

7. MUHAMMED AYOOB ALI AGED 18 YEARS S/O. SADIK AKKAS SALI, JARADHANI VILLAGE, NOGAB DISTRICT ASSAM.

8. BILAL HUSSAIN, AGED 25 YEARS, S/O.SIRAJUL ISLAM, JORATHANI, GRAMAM NOGAB DISTRICT ASSAM.

9. SHERIFUL ISLAM, AGED 21 YEARS, S/O. HATHIM ALI, BASUNDHARI GRAMAM NOGAB DISTRICT ASSAM.

Bail Appl..No. 8062 of 2015 ()

10. ABJURUL ISLAM, AGED 18 YEARS, S/O.SAMAR ALI, GOREJAN GRAMAM, NOGAB DISTRICT ASSAM.

11. BHADUL ISLAM, AGED 27 YEARS, S/O.JAINALUBDHIN, PUPPUDAJAN VILLAGE, NOGAB DISTRICT ASSAM.

12. JAHARUDHIN, AGED 19 YEARS, S/O.ABDUL KHALAK, PUPPUDAJAR VILLAGE NOGAB DISTRICT ASSAM.

13. ABDUL HAKKIM AGED 35 YEARS S/O.ABDUL BARAK, PUPPUDAJAR VILLAGE NOGAB DISTRICT ASSAM.

14. SHERIFUL ISLAM, AGED 20 YEARS, S/O.SAMAR ALI, GOREJAN GRAMAM, NOGAB DISTRICT ASSAM.

BY ADV. SRI.R.DIVAKARAN RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KURUPPUMPADI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.

BY PUBLIC PROSECUTOR SRI. ABHIJETT LESSLI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.8062 of 2015 -------------------------------------- Dated this the 18th day of December, 2015

ORDER

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

2.

Petitioners are accused 1 to 7, 9 to 12 and 14 to 16 in Crime No.1587 of 2015 of Kuruppumpady Police Station registered for offences punishable under Sections 342, 323, 324, 302 and 201 read with Section 34 of the Indian Penal Code.

3.

Prosecution case is that the accused persons committed murder of one Habidoor Hak on 22.08.2015 at about 1.30 a.m. 4.

Heard both sides.

5.

Learned Prosecutor opposed the bail application. All the accused persons are natives of Assam. Learned Prosecutor submitted that the incident was on 22.08.2015 and charge was filed in time. It is also submitted that the matter is ripe for trial.

6.

Learned counsel for the petitioners submitted that accused 8 and 13 were released on bail by the Sessions Court. 7.

Considering the fact that the matter is ripe for trial, I am not inclined to grant bail to the petitioners. However, the petitioners are free to

BA No.8062/2015 approach the Sessions Curt for bail if trial could not be completed within a period of six months.

In the result, the application is disposed of with a direction that the trial court shall make all endeavour to expedite the trial and dispose of the case within a period of six months from the date of receipt of a copy of this order.

A. HARIPRASAD, JUDGE.

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