Yousuf v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 Bail Appl..No. 9162 of 2014 ------------------------------- CRIME NO. 1001/2014 OF KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT. ..........

PETITIONER/ACCUSED NO.2:

------------------------------------------ YOUSUF, S/O.BEERAN, AGED 28 YEARS, PATTANI HOUSE, MATTATHOOR P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S)/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

2. THE SUB INSPECTOR OF POLICE, KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT, PIN - 676 503.

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

============================ B.A. No. 9162 of 2014 ============================= Dated this the 22nd day of January, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. According to the petitioner, he is apprehending arrest in connection with Crime No.1001/2014 of the Kottakkal Police Station, Malappuram District.

3. The learned Public Prosecutor has pointed out that the Police has not so far identified the accused in the matter and presently, the petitioner has not been arraigned as an accused. Matters being so, the apprehension put forwarded by the petitioner cannot be said to be reasonable.

4. In case, the Police wants to arrest the petitioner in connection with any non bailable offence involved in this case, the petitioner shall be given an opportunity to approach this

B.A. No.9162 of 2014 Court once again under Section 438 Cr.P.C.

With the said observation, this bail application is dismissed.

Sd/- B. KEMAL PASHA JUDGE DSV/22/1/15 // True Copy // P.A. To Judge