Kerala High Court
Abdul Rasaq vs State Of Kerala on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
BAIL APPL. NO. 850 OF 2024
CRIME NO.493/2022 OF Manjeswar Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED 25.01.2024 IN CRMC NO.57 OF 2024
OF DISTRICT COURT & SESSIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL,
KASARAGOD
PETITIONER:
ABDUL RASAQ
AGED 29 YEARS
S/O MONU HAJI, RESIDING AT RIFAHIYA MANZIL, ARIKKADY
POST, KUMBALA VILLAGE, KASARAGOD DISTRICT, PIN - 671321
BY ADVS.
T.A.UNNIKRISHNAN
K.K.AKHIL
T. SREELAKSHMI UNNIKRISHNAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11)
ADDL. STATE PUBLIC PROSECUTOR(AG-28)
OTHER PRESENT:
SR.PP - C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 850 of 2024 2
VIJU ABRAHAM, J.
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B.A. No. 850 of 2024
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Dated this the 29th day of February, 2024
ORDER
This bail application is placed before this
Court by the learned Judge who heard the matter
earlier as the bail application in respect of the
co-accused was considered by me in B.A.No.7436 of
2023.
2. Petitioner is the 17 th accused in Crime No.493
of 2022 of Manjeshwar Police Station, Kasaragod
District registered alleging commission of offences
punishable under Sections 341, 324, 364, 302,
120(B) r/w 34 and Sections 201,212 of IPC.
3. The prosecution allegation is that, the
petitioner along with the other accused persons due
to previous enmity towards Aboobacker Siddique, who
is the brother of the defacto complainant conspired
together to commit murder, abducted the victim in a
car and vountarily caused hurt to him in a house at
Noothila in Paivalike Village and in the adjacent
property by beating with a wooden stick and hanging
him upside down in a tree and thereby committed
murder of said Aboobacker Siddique and left his
dead body in the D.M.Hospital, Bandiyodu on
26.6.2022 at 22.00 hours.
4. The petitioner submits he has been falsely
implicated in the above said crime and that he has
surrendered before the Judicial First Class
Magistrare-II, Kasaragod on 11.1.2024 and his bail
application was dismissed by JFCM-II, Kasaragod on
11.1.2024. Later he filed Crl.M.C.No.57 of 2024
before the Sessions Court, Kasaragod and the same
was also dismissed as per Annexure-A1 order.
5. The learned Public Prosecutor upon instructions
submitted that the offences alleged against the
petitioner is very serious of having brutally
manhandled the brother of the complainant
complainant which resulted in his. Learned Public
Prosecutor further submits that the petitioner is
involved in another Crime, ie, Crime No.490 of 2022
of Manjeswaram Police Station whereby the
allegation against the petitioner is punishable
under Sections 143, 147, 147, 363,
364(A),330,342,324, 308 r/3 149 of IPC.
Taking into consideration the seriousness of
the allegation against the petitioner and that he
was arrested only on 11.01.2024 and investigation
is going on, I am not inclined to grant bail to the
petitioner at this stage. Accordingly, the bail
application is dismissed.
Sd/-
VIJU ABRAHAM,JUDGE
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