Disposed

Muhammed Shafi v. State of Kerala

Kerala HC14 Dec 2021Bail Appl./8834/2021

Case brief

AI extract

What is this about?

In this bail application for anticipated arrest under Section 420 IPC for an unknown crime, the Court found no crime registered against the petitioner. It disposed of the application yet directed the SHO not to arrest the petitioner before serving a Section 41A notice if a non-bailable offence is registered later.

What did the court decide?

Bail application disposed; petitioner not to be arrested until notice under Section 41A Cr.P.C. is served if a non-bailable offence is registered.

Muhammed Shafi 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.G. AJITHKUMAR

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021/23RD AGRAHAYANA, 1943 BAIL APPL. NO. 8834 OF 2021

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UNKNOWN CRIME OF KALPAKANCHERY POLICE STATION, MALAPPURAM

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PETITIONER:

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MUHAMMED SHAFI

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AGED 27 YEARS, S/O IBRAHIM, PARAMBATH HOUSE, PONMUNDAM POST, VAILATHUR, TIRUR, MALAPPURAM.

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS:

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

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2 THE STATION HOUSE OFFICER KALPAKANCHERY POLICE STATION, MALAPPURAM-676 551.

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SMT.C.SEENA, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A.No.8834 of 2021

P.G. AJITHKUMAR, J.

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----------------------------------------------------------B.A.No. 8834 of 2021

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----------------------------------------------------------Dated this the 14^th day of December, 2021

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O R D E R

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This is an application for anticipatory bail filed under

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Section 438 of the Code of Criminal Procedure, 1973.

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The petitioner apprehends arrest in an unknown

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crime for an offence punishable under Section 420 of the I.P.C.

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When the matter was taken up for consideration today, the learned Public Prosecutor placed on record the report of the Inspector of Police, Kalpakancherry. In the report, it is stated that there is no crime registered against the petitioner in respect of the incident narrated in the bail application.

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Recording that fact, the bail application is disposed of with a direction to the Station House Officer, Kalpakancherry Police Station to the effect that the petitioner shall not be arrested until a notice under Section 41A of

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B.A.No.8834 of 2021

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Cr.P.C. has been served upon him, in case a crime for a nonbailable offence is registered against him in that Police Station with regard to the incident mentioned in this bail application.

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Muhammed Shafi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Muhammed Shafi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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