Disposed

P.M. Muhammed Subair v. State of Kerala

Kerala HC12 Mar 2021Bail Appl./919/2021

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC, the High Court of Kerala granted anticipatory bail. The court found that Section 384 IPC (extortion) was not prima facie attracted due to lack of allegations regarding money demand. Investigation was completed, and arrest was deemed unnecessary.

What did the court decide?

Bail application disposed of with direction to apply for regular bail before the jurisdictional court upon receipt of summons.

P.M. Muhammed Subair Vs State of Kerala — Dowry and Cruelty | 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 ASHOK MENON

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FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

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Bail Appl.No.919 OF 2021

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CRIME NO.696/2020 OF Malappuram Police Station , Malappuram

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PETITIONER/S:

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P.M. MUHAMMED SUBAIR, AGED 31 YEARS, SON OF ASSAIN, PUTHUSSERY MADATHIL HOUSE, THURAKKAL P.O., MANJERI, MALAPPURAM DISTRICT – 673638.

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BY ADV. SRI.K.RAKESH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

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2 THE STATION HOUSE OFFICER MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT – 676505.

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BY SRI.SANTHOSH PETER SR PP

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OTHER PRESENT:

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl.No.919 OF 2021

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O R D E R

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Dated this the 12th day of March 2021

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This is an application for anticipatory bail under

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Section 438 of Cr.P.C.

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No.696/2020 of Malappuram Police Station for having allegedly committed the offences punishable under Sections 363, 342, 323 and 384 read with Section 34 of

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the I.P.C.

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The prosecution case, in brief, is that on 30.11.2020 at about 8.00 PM, the applicant and other

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accused, in furtherance of common intention, abducted the de facto complainant from Kunnummal in Malappuram

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in a car, brought him to Manjeri, and after wrongfully

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detaining and assaulting him, they also took nude photographs of the de facto complainant and they

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threatened that it would be published in the social

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media and thereby committed the offences.

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Bail Appl.No.919 OF 2021

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The applicant had approached the Sessions Court, Manjeri for anticipatory bail, but the same was dismissed as per Annexure 2. The applicant states that going by the allegations made in the F.I.R., no offence under Section 384 of the I.P.C., which is the only nonbailable offence, is attracted.

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Heard the learned Counsel for the applicant and the learned Public Prosecutor.

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The learned Public Prosecutor submits that the investigation is completed and the final report has already been filed and the rest of the accused have already been arrested and have been released on bail. There is also no intention to arrest the applicant since the investigation is completed.

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On going through the facts and circumstances of this case, I find that Section 384 of the I.P.C. is not prima facie attracted and since there is no allegation of demanding any money or extortion, coercing the de facto complainant to do anything. Moreover, the final

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Bail Appl.No.919 OF 2021

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report has already been filed and there is no possibility of the applicant being fleeing from justice. The arrest of the accused for the purpose of investigation does not appear essential.

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Under the above circumstances, the bail application is disposed of with the direction to the applicant to appear before the jurisdictional court on receipt of the summons, and apply for regular bail.

Sd/-

ASHOK MENON

JUDGE

dkr

P.M. Muhammed Subair v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.M. Muhammed Subair v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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