Dismissed

Noushad K. v. State of Kerala

Kerala HC19 Jan 2021Bail Appl./522/2021

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C was disposed of by granting conditional surrender to the Investigating Officer within ten days. Bail may be sought subsequently after interrogation and production before the court.

What did the court decide?

Petitioner directed to surrender before Investigating Officer within ten days; subsequent bail application may be filed after interrogation.

Noushad K. Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

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Bail Appl..No.522 OF 2021

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CRIME NO.163/2020 OF Karunaagapally Police Station , Kollam

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PETITIONER:

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NOUSHAD K. AGED 47 YEARS VANIYANTAYYATHU HOUSE, PULIYOORVANCHI NORTH MURI, , THODIYUR VILLAGE, THAZHAVA POST, KARUNAGAPALLY KOLLAM-690523

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BY ADV. SRI.T.M.RAMAN KARTHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN-682031

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2 SUB INSPECTOR OF POLICE KARUNAGAPALLY POLICE STATION, KARUNAGAPALLY, KOLLAM DISTRICT PIN-690523

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SRI E.C. BINEESH PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.522 of 2021 2

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P.V.KUNHIKRISHNAN, J

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B.A.No.522 of 2021

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Dated this the 19^th day of January, 2021

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O R D E R

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This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

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Petitioner is the accused in Crime No.163 of 2020 of Karunagappally Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 3(2)(a) and 7(2)(a) of the Essential Commodities Act,

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1955 and Section 5(a) of the Rationing Order.

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3.The prosecution case is that on 27.01.2020, while the 1^st respondent and his men were on patrol duty and when they reached Veluthaman Junction, they got reliable information that the petitioner unauthorizedly stocked ration articles that are intended to be distributed through public distribution

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system. The allegation is that, the ration articles are stored in

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his residence, namely Vaniyantteyyathu House near Ashan

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B.A.No.522 of 2021 3

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mukku. When the police party searched the premises, they seized 110 sacks of rice weighing 50 Kgs each, 100 empty sacks and sewing machine from the shed situated on the south western side of the house of the petitioner. The 2^nd respondent seized these articles in the presence of the Rationing Inspector and the case is registered.

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Heard the counsel for the petitioner and the Public Prosecutor.

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The counsel for the petitioner submitted that the petitioner filed a bail application earlier and the same was dismissed as per order dated 30.7.2020 in BA No.1143 of 2020. The counsel for the petitioner submitted that he will be satisfied if the petitioner is allowed to surrender before the Investigating Officer and thereafter direct the police to produce the petitioner before the Court below. According to him, he will be able to raise all his contentions before the Court concerned.

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The learned Public Prosecutor also submitted that the prosecution has no grievance if the petitioner is ready to surrender before the Investigating Officer and co-operate with

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B.A.No.522 of 2021 4

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the investigation.

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After hearing both sides, I think this is not a fit case, in which orders u/s.438 Cr.P.C can be passed.

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Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following conditions.

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Therefore, this bail application is disposed of with the following directions:

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The petitioner will surrender before

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the Investigating Officer within ten days from today.

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If the petitioner surrender before the

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Investigating Officer, the Investigating Officer

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is free to interrogate the petitioner.

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After interrogation, if the petitioner is arrested, he will be produced before the jurisdictional court on the same day.

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At that stage, if any bail application is filed by the petitioner after giving prior notice

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to the Prosecutor concerned, the Court

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B.A.No.522 of 2021 5

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concerned will consider the bail application

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preferably on the date of filing of the same itself.

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P.V.KUNHIKRISHNAN, JUDGE

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cms

Noushad K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Noushad K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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