The court disposed of an anticipatory bail application by directing the petitioner to move for bail upon receipt of summons or file a Section 482 application for quashing proceedings based on settlement, noting investigation completion.
Application disposed; petitioner directed to seek bail on summons or file quash application under Section 482.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941
Bail Appl..No. 177 of 2019
AGAINST THE ORDERT IN CRL.MC 1151/2018 of SESSIONS COURT,MANJERI DATED 21-12-2018
CRIME NO. 421/2018 OF Thirurangadi Police Station , Malappuram
PETITIONER/S:
EDATHINGAL ASEES,AGED 50 YEARS S/O MOIDEEN,POOTHUMPETTIYIL HOUSE,KARACHINA PURAYA, AR NAGAR.P.O,THIRURANGADI,MALAPPURAM DISTRICT.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENT/S:
1 STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031, (CRIME NO.421/2018 OF THIRURANGADI POLICE STATION, MALAPPURAM DISTRICT).
2 STATION HOUSE OFFICER,THIRURANGADI POLICE STATION, MALAPPURAM DISTRICT-676306, (CRIME NO.421/2018 OF THIRURANGADI POLICE STATION,MALAPPURAM DISTRICT).
3 ADDL.R3 RAYIN @ RAYINKUTTY,S/O KUNHIMOIDEEN, DEVASWAMPARAMBATH HOUSE, A R NAGAR PO, MALAPPURAM-676305. ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 7/5/19 IN CRL.MA NO.2/2019.
BY ADV. SRI.VINOD KUMAR.C
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.177/2019
2
ALEXANDER THOMAS, J.
B.A.No. 177 of 2019
Dated this the 29th day of May, 2019
ORDER
The petitioner seeks anticipatory bail in relation to Crime N0.421/2018 of Tirurangadi Police Station, which has been registered for offences punishable under Sections 354 and 362 of IPC.
the basis of instructions of the Investigating Officer that the investigation has been duly completed and the final report has been filed on 3.1.2019 before the JFCM, Parappanangadi in relation to the above said crime. Since the investigation is over, the custodial interrogation of the petitioner is not really necessary. Therefore, it is for the petitioner to move his application for bail as and when he receives summons from the learned Magistrate pursuance to the cognizance that may be taken on the above said final report.
B.A.No.177/2019
3
resolved and that the defacto complainant has no objection in quashment of the impugned criminal proceedings on the ground of settlement between the parties and that the petitioner has been advised to file the Criminal Miscellaneous Case under Section 482 of Cr.P.C. seeking quashment of the impugned criminal proceedings on the ground of settlement, after impleading the defacto complainant. It is for the petitioner to work out his remedies in accordance with law.
With these observations and directions, the above application will stand finally disposed of.
sd/- ALEXANDER THOMAS, JUDGE.
acd
1 issue framed by the court
Whether anticipatory bail should be granted given that investigation has concluded and a final report has been filed.
EDATHINGAL ASEES
STATE OF KERALA
STATION HOUSE OFFICER
ADDL.R3 RAYIN
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
