IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
BAIL APPL. NO. 7759 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1105/2021 OF DISTRICT COURT &
SESSIONS COURT,KOZHIKODE, KOZHIKODE
PETITIONERS/ACCUSED NO.1 & 2:
1 HANEEFA,
AGED 30 YEARS
30/2021, S/0. UMMERKUTTY,
RESIDING AT THONIYADATH HOUSE, POST NADERI 673 620,
KOYILANDY TALUK, KOZHIKODE DIST. KERALA.
2 SHAMSAD,
AGED 42 YEARS
S/O. BEERAN, MAKKOORIKANDY HOUSE, OOTTERI,
POST OORALLUR-673 620, KOZHIKODE DIST. KERALA.
BY ADVS.
T.ASAFALI
LALIZA.T.Y.
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031
2 STATION HOUSE OFFICER,
KOYILANDY POLICE STATION, POST KOYILANDY-673 305,
KOZHIKODE DIST., KERALA.
NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7759 OF 2021
2
ORDER
Application for regular bail.
2. Petitioners are accused Nos.1 and 2 in Crime No.1040/2021 of Koilandy Police Station, Kozhikode District registered for the offences punishable under Sections 465, 468, and 471 r/w 34 of the Indian Penal Code.
3. The petitioners are in custody since 17.08.2021.
4. The learned Public Prosecutor on instructions submitted that though these petitioners are in custody since 17.08.2021, the investigation of the case has not been over and hence charge sheet has not been submitted before the jurisdictional court.
5. So far the investigation would reveal that these petitioners alone are involved in this case. The petitioners are in custody since 17.08.2021 and the investigation is not over and charge sheet has not been submitted before the jurisdictional court till date. No doubt they are entitled for default bail. So, this application for bail pending before this Court since 04.10.2021 is BAIL APPL. NO. 7759 OF 2021 3 disposed of directing the petitioners to approach the jurisdictional court for default bail, if so advised, as they are entitled for the same.
With these observation this application is closed.
Sd/-
SHIRCY V.
JUDGE mpm