The High Court of Kerala disposed of an application for anticipatory bail. The court denied the relief, noting that serious allegations involving supply of equipment for a parallel telephone exchange attracted the relevant acts and could adversely affect investigation.
Anticipatory bail denied; petitioner directed to surrender
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 27TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945
BAIL APPL. NO. 8759 OF 2023
CRIME NO.630/2023 OF MANKADA POLICE STATION, Malappuram
AGAINST THE ORDER/JUDGMENT CRMC 1153/2023 OF DISTRICT COURT&
SESSIONS COURT,MANJERI
PETITIONER
SAMEEER. K
AGED 32 YEARS
S/O. MOHAMMED ABDUL RAZACK.K, KUNNATHADI HOUSE,
VALLIKKAPATTA POST, KOOTILANGADI, MALAPPURAM
DISTRICT, PIN - 679324
BY ADVS.
P.C.MUHAMMED NOUSHIQ
JAHANA SHERIN.K
RESPONDENTS
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER MANKADA POLICE STATION, MANKADA, MALAPPURAM DISTRICT, PIN - 679324OTHER PRESENT:
SMT. T. V. NEEMA. SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.8759 of 2023
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MOHAMMED NIAS C.P, J.
--------------------------------------------B.A. No.8759 of 2023
-----------------------------------------------------Dated this the 27th day of November, 2023
O R D E R
Apprehending arrest in Crime No.630 of 2023 of Mankada police station registered for offences under Sections 420 of IPC, Section 20 of the Indian Telegraph Act 1885 and Sections 3, 6(1), 6(1-A) of Indian Wireless Telegraphy Act, 1933 the petitioner has filed this petition seeking pre-arrest bail.
B.A. No.8759 of 2023
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petitioner along with the other accused has committed the aforesaid offences.
In the event the petitioner surrenders before the Investigating Officer in two weeks, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in
B.A. No.8759 of 2023
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this order, consider the bail application on merits, as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
The bail application is disposed of as above.
Sd/-
MOHAMMED NIAS C.P
smm
JUDGE
B.A. No.8759 of 2023
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APPENDIX OF BAIL APPL. 8759/2023
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE ORDER DATED
25.09.2023 IN CRL M.C NO. 1153 OF 2023
PASSED BY THE COURT OF SESSION,
MANJERI DIVISION IS PRODUCED HEREWITH
AND MARKED AS ANNEXURE A1
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in an offence under Sections 420 IPC and the Indian Telegraph Act.
Whether the submission of equipment for running a parallel exchange warrants denial of bail.
3 provisions across 3 enactments
SAMEEER K
STATE OF KERALA
MOHAMMED NIAS C.P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court