The High Court of Kerala disposed of an anticipatory bail application. Finding the accused involved in vehicle pledging with similar crime habits and refusal to disclose vehicle whereabouts, bail was denied and surrender directed.
Anticipatory bail denied; accused directed to surrender to Investigating Officer within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942
Bail Appl..No.6068 OF 2020
CRIME NO.2/2020 OF Thrithala Police Station, Palakkad
PETITIONERS/ACCUSED:
1 AZGHAR
AGED 31 YEARS S/O SALIM, KAKKATIL HOUSE, MANAKKAPADI, ASOKAPURAM, ALUVA, ERNAKULAM,ERNAKULAM PIN-683101
2 AZFAR AGED 27 YEARS
S/O SALIM, KAKKATIL HOUSE, MANAKKAPADI, ASOKAPURAM, ALUVA, ERNAKULAM, PIN -68310
BY ADVS. SRI.P.MOHAMED SABAH SMT.SAI POOJA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
2 STATION HOUSE OFFICER THRITHALA POLICE STATION, PALAKKAD DISTRICT 679534
3 ADDL R3
MUSTHAFA S/O MUHAMMED KUTTY, KURUPPETTINHALIL HOUSE, KAKKATTIRI POST, THRITHALA, PALAKKAD DISTRICT679534
IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 20/10/2020 IN CRL MA 1/2020
R1 BY PUBLIC PROSECUTOR, SRI.E.C.BINEESH
OTHERS PRESENT:
R3 BY ADV.SRI.R.SREEHARI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 6068/2020
2
O R D E R
Dated this the 8th day of December 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicants are accused in Crime No.2/2020 of Trithala Police Station, for having allegedly committed offences punishable under Sections 406 and 420 read with Section 34 IPC.
BA 6068/2020
3
BA 6068/2020
4
circumstances, the applicants are obliged to answer the questions put to them regarding the whereabouts of the vehicle. The persons they had allegedly introduced to the de facto complainant are also traceable only through the applicants. Moreover, the applicants are also involved in two other crimes of similar nature and therefore they can definitely not be granted the extraordinary remedy of anticipatory bail. The application is therefore disposed of directing the applicants to surrender before the Investigating Officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail, which shall be considered and preferably disposed of by the jurisdictional court on the very same day.
Sd/-
ASHOK MENON
JUDGE
jg
1 issue framed by the court
Whether anticipatory bail should be granted to accused involved in clandestine vehicle pledging.
STATE OF KERALA
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
