Dismissed

Mohammed Rafi v. State of Kerala

Kerala HC2 Mar 2016Bail Appl./1407/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application filed under Section 438 CrPC seeking pre-arrest bail. Considering serious allegations, specific acts committed, and a prior refusal in the same proceeding, the court dismissed the application but clarified the applicant's right to seek regular bail after surrender.

What did the court decide?

Pre-arrest bail application dismissed; option to surrender and seek regular bail unfettered.

Mohammed Rafi Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937

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Bail Appl..No. 1407 of 2016 ()

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AGAINST THE ORDER IN Bail Appl. 6273/2015 of HIGH COURT OF KERALA, DATED 25-01-2016 CRIME NO. 508/2015 OF MANKARA POLICE STATION, PALAKKAD DISTRICT

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PETITIONER(S)/APPLICANTS/ACCUSED NO.2:

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MOHAMMED RAFI, AGED 26 YEARS, S/O HAMEED, MANAPPULLY PARAMBIL HOSUE, KIZHAKKUMMURI, KODUNTHIRAPPULLY P.O., PIRAYIRI, PALAKKAD.

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BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT(S)/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RAJA VIJAYARAGHAVAN V, J.

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B.A.No.1407 of 2016

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Dated this the 02^th day of March, 2016

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O R D E R

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This petition is filed under S.438 of the Code of

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Criminal Procedure seeking pre-arrest bail.

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The petitioner is the 2^nd accused in Crime

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No.508/2015 of Mankara police station. The said crime has been registered for offence punishable under S.143, 147, 148, 341, 324 and S.307 r/w S.149 of the IPC.

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The prosecution allegation is that on 14.08.2015 at about 11.30 p.m., the petitioner along with others formed themselves into an unlawful assembly, armed with deadly weapons and assaulted the de facto complainant and causing grievous injuries to him.

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B.A.No.1407 of 2016 : 2 :

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I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

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The learned counsel appearing for the petitioner submitted that as per order dated 30.11.2015 in B.A.No.7280/2015, the 5^th accused Mithilraj was granted pre arrest bail. It is also pointed out that as per order dated 25.01.2016 in B.A.No. 6273/2015, accused Nos. 1, 3, 7 and 9 were granted pre arrest bail.

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The learned Public Prosecutor, based on

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instructions and after perusing the case diary, has submitted that specific overt acts are alleged against the petitioner herein and also the 4^th accused in the crime and that is exactly the reason why this Court, was not pleased to grant pre arrest bail to the petitioner herein.

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After hearing the learned counsel as well as the learned Public Prosecutor, I am of the considered view that

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B.A.No.1407 of 2016 : 3 :

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the reliefs prayed for by the petitioner is not liable to be granted. The allegations are serious and moreover this Court had earlier denied the reliefs sought for in this petition.

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This application is accordingly dismissed. Needless to say, the option of the petitioner to surrender before the Investigating Officer or the learned Magistrate and seek regular bail shall remain unfettered. If the petitioner so appears and applies for bail, needless to say, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE.

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[True copy]

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P.A to Judge

Mohammed Rafi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Rafi v. State of Kerala

Case brief

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