Hameed @ Ammi vs State Of Kerala
2024 Latest Caselaw 5132 Ker

Kerala High Court

Hameed @ Ammi vs State Of Kerala on 15 February, 2024

Author: C.S.Dias

Bench: C.S.Dias

                                     1
BA No.7302 of 2023


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
   THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        BAIL APPL. NO. 7302 OF 2023
     CRIME NO.464/2023 OF Manjeswar Police Station, Kasargod
        AGAINST THE ORDER/JUDGMENT CRMP 607/2023 OF JUDICIAL
                 MAGISTRATE OF FIRST CLASS -II, KASARAGOD
PETITIONER/S:

               HAMEED @ AMMI
               AGED 41 YEARS
               S/O AZEEZ M.A, KALATHUR HOUSE, PALLAM AROLI VILLAGE,
               KASARGOD DISTRICT, PIN - 671121

               BY ADVS.
               S.RAJEEV
               V.VINAY
               M.S.ANEER
               SARATH K.P.
               PRERITH PHILIP JOSEPH
               ANILKUMAR C.R.
               K.S.KIRAN KRISHNAN


RESPONDENT/S:

               STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA (CRIME NO. 464/2021 OF MANJESHWAR POLICE
               STATION, KASARGODE DISTRICT), PIN - 682031

OTHER PRESENT:

               SMT.SEETHA.S., SENIOR PUBLIC PROSECUTOR



        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   2
BA No.7302 of 2023


                             C.S.DIAS,J
                   ======================
                          BA No.7302 of 2023
                     -----------------------------------
              Dated this the 15th day of February, 2024


                             ORDER

The learned counsel appearing for the petitioner submits

that even though the bail application is filed showing the rank

of the petitioner as accused No.6, there is a discrepancy in the

materials placed on record. In the order that was passed by

the jurisdictional Magistrate under Sec.437, the rank of the

petitioner has been shown as accused No.5. Subsequently, in

the report filed by the Public Prosecutor in the bail

application, the petitioner has been shown as accused No.6.

Nevertheless, since the final report has already been laid

before the jurisdictional Court, the petitioner would approach

the jurisdictional Court and file a bail application after

ascertaining his rank. Therefore, the petitioner may be

permitted to withdraw the bail application reserving his right

to move the jurisdictional Court.

In the light of the above submission, the bail application

is dismissed as withdrawn reserving the right of the petitioner

to move the jurisdictional Court.

sd/-

  sks/15.2.2024                         C.S.DIAS, JUDGE