Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945 BAIL APPL. NO. 10343 OF 2023 CRIME NO.333/2023 OF SIRA POLICE STATION, KARNATAKA PETITIONER/S:
1 MOHAMMED HANEEF,AGED 52 YEARS, S/O KUNHI AHMED ALIHASAN,HODAYATH NAGARA, UPPALA,KASARAGOD DISTRICT, KERALA STATE, PIN - 671322 2 ABDUL REHAMAN,AGED 39 YEARS, S/O P.A MONU,F. A MAHAL, NEAR CHECK POST, BHANGRA, MANJESHWAR,KASARAGOD DISTRICT, KERALA STATE, PIN - 671323 BY ADV RASHEED C.NOORANAD RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF,POLICE HEAD QUARTERS, THRIUVANATHAPURAM, PIN - 612901 3 STATION HOUSE OFFICER,MANJESHWAR POLICE STATION,MANJESHWAR, KASARGOD, PIN - 671323 4 INSPECTOR OF POLICE,SIRA TOWN POLICE STATION, TUMKURU DISTRICT, KARNATAKA STATE, PIN - 572137 5 SUPERINTENDENT OF POLICE,OFFICE OF SUPERINTENDENT OF POLICE,B.H ROAD, ASHOKA NAGAR, TUMKURU CITY, KARNATAKA, PIN - 572103 BY ADV SRI.SUVIN R.MENON, CGC OTHER PRESENT:
sr pp smt seetha s THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10343 OF 2023 2 O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
2.
The petitioner is alleged to be an accused in Crime No.333/2023 of the Sira Police Station, Tumkuru, Karnataka registered against him for allegedly committing the offences under Sections 353, 332, 307 r/w Section 34 of the Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act.
3. When the bail application came up for consideration on 02.02.2024, this Court, following the law laid down by this Court in Sandeep Varghese vs.
State of Kerala [2010 (2) KHC 881], directed the Investigating Officer not to arrest the petitioners for two weeks to enable the petitioners to work out their remedies in accordance with law. The time period fixed by this Court has already lapsed. In view of the law laid down in the aforecited decision, it is beyond the jurisdiction of this Court to pass any further orders in
BAIL APPL. NO. 10343 OF 2023 3 the bail application.
Resultantly the bail application is dismissed as infructuous.
Sd/- C.S.DIAS,JUDGE rkc/16.02.24
BAIL APPL. NO. 10343 OF 2023 4 APPENDIX OF BAIL APPL. 10343/2023 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE NOTICE UNDER SECTION 41(A) CR.P.C ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 14-11-2023 Annexure 2 THE TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 41(A) CRP.C ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER DATED 13-11-2023 Annexure 3 TRUE COPY OF THE REPLY NOTICE SENT BY THE COUNCIL ON BEHALF OF THE PETITIONERS ON 13-11-2023 Annexure 4 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED BY THE GST DEPARTMENT ISSUED ON 06.08.2019