Kerala High Court
Muhammed Abdurrah.P.K vs State Of Kerala on 16 February, 2024
B.A. No. 1250/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
BAIL APPL. NO. 1250 OF 2024
CRIME NO.929/2023 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE
PETITIONERS/4TH - 6TH ACCUSED:
1 MUHAMMED ABDURRAH P.K., AGED 21 YEARS,
S/O. MUHAMMED SHAFI, PERMANENT RESINDING AT
POOLAKANDI HOUSE. P.O, KARANTHUR,
VIA.KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
2 HAIRUNNISA P.K., AGED 26 YEARS,
D/O. MUHAMMED SHAFI, PERMANENT RESINDING AT
POOLAKANDI HOUSE. P.O. KARANTHUR,
VIA.KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
3 MUFLIHA P.K., AGED 22 YEARS,
D/OMUHAMMED SHAFI, PERMANENT RESINDING AT
POOLAKANDI HOUSE. P.O. KARANTHUR,
VIA.KUNNAMANGALAM, KOZHIKODE, PIN - 673571.
BY ADVS.M/S.RAFEEK. V.K., R.RAJASREE
(CHUTTIMATTATHIL),
U.M.HASSAN & SALMAN FARIS
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
2 STATION HOUSE OFFICER,
KUNNAMANGALAL POLICE STATION, KOZHIKODE CITY,
KOZHIKODE DISTRICT, PIN - 673570.
B.A. No. 1250/2024
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SMT.NISHA BOSE, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 1250/2024
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MOHAMMED NIAS C. P. , J.
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B. A. No. 1250 of 2024
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Dated this the 16th day of February, 2024
ORDER
This is the second application seeking pre-arrest bail. The earlier
application was rejected by orders dated 6.12.2023 in B.A.Nos. 9963 &
10078 of 2023. It was after taking note of the allegations that the
petitioners collected an amount of Rs.4,15,000/- by promising to provide
the defacto complainant with a doctorate and diploma certificate under
the prophetic medicine course for which the accused had no recognition
whatsoever. It was also noticed that as against the 2 nd accused, there is an
antecedent under Section 376 of the IPC. Thereafter, accused Nos.4 to 6
had filed Crl.M.C.No. 941/2024 under Section 482 of the Cr.P.C. seeking
to quash the crime. This Court, by orders dated 2.2.2024, dismissed the
same holding that the names of the petitioners are specifically mentioned
in the FIS and that, the defacto complainant had approached the Police
with specific allegations against the persons named in the FIS, in which
the petitioners' names are specified as accused Nos. 4 to 6. Finding that
the allegations in the FIS are serious, this Court rejected the application
filed under Section 482. I do not find any change in circumstances to
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grant anticipatory bail as it would certainly hamper a proper
investigation.
2. However, taking note of the submission of the learned
Counsel for the petitioners that petitioners 1 and 3 were minors during the
period when the allegations arose, the following directions are issued:
In the event the petitioners 1 and 3 surrender before the
Investigating Officer within two weeks from today, they shall be
interrogated and thereafter, shall be produced before the Magistrate
having jurisdiction, on the date of surrender itself. If the petitioners 1 and
3 move for bail, the Court below shall, untrammelled by any of the
observations in this order, consider the bail application on merits, as
expeditiously as possible. If the petitioners 1 and 3 do not surrender
before the Investigating Officer, as directed above, the Investigating
Officer will be free to arrest them, as if no order has been passed in this
case.
Subject to the above, the bail application is dismissed.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF BAIL APPL.NO.1250/2024
PETITIONERS' ANNEXURES:
ANNEXURE A-1 TRUE COPY OF THE CERTIFICATE DATED
24.12.2018 ISSUED BY THE ANNAMALAI
UNIVERSITY IN FAVOR OF THE 2ND
PETITIONER
ANNEXURE A-2 TRUE COPY OF DIPLOMA CERTIFICATE DATED
12.02.2023 ISSUED BY THE OPEN
INTERNATIONAL UNIVERSITY OF
ALTERNATIVE MEDICINE IN FAVOR OF THE
2ND PETITIONER
ANNEXURE A-3 TRUE COPY OF THE PROVISIONAL
CERTIFICATE DATED 07.12.2023
ANNEXURE A-4 TRUE COPY OF THE APPLICATION IS DATED
09.01.2024
ANNEXURE A-5 TRUE COPY OF THE FIS DATED 04.11.2023
IN CRIME NUMBER 929/2023 OF
KUNNAMANGALAM POLICE STATION,
KOZHIKODE DISTRICT
ANNEXURE A- 6 TRUE COPY OF THE FIR DATED 04.11.2023
ANNEXURE A- 7 . TRUE PHOTOSTAT COPIES OF THE TRUST
DEED OF JAMIATHU TWIBBUNNABAWI TRUST
BEARING REGISTRATION NO. 206/2017
DATED 18.08.2017 OF THE SRO, KOZHIKODE
AND THE RECONSTITUTE THE DEED OF
JAMIATH TWIBBUNNABAWI TRUST BEARING
REGISTRATION NO. 286/2022/IV DATED.
16.08.2022 OF THE SRO, KOZHIKODE
ANNEXURE A- 8 TRUE PHOTOSTAT COPY OF THE TRUST DEED
OF BAITHUL HIKMA MEDICAL SERVICE
CHARITABLE TRUST BEARING REGISTRATION
NO.146/2014 DATED. 21.11.2014 OF THE
SRO, CHENGAMANAD
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ANNEXURE A-9 TRUE COPY OF THE BAIL APPLICATION
FILED IN B.A.NO. 9963 OF 2023 OF THIS
HON'BLE COURT AND THE ORDER DATED.
06.12.2023 IN B.A.NO. 9963 OF 2023 OF
THIS HON'BLE COURT
ANNEXURE A-10 TRUE COPY OF THE JUDGMENT DATED
02.02.2024 IN CRL.MC NO.941/2024
ANNEXURE A-11 TRUE COPY OF ORDER DATED 22.11.2023 OF
THE COURT OF SESSION, KOZHIKODE
