Citation : 2021 Latest Caselaw 21157 Ker
Judgement Date : 20 October, 2021
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
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
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