Citation : 2025 Latest Caselaw 8003 Ker
Judgement Date : 16 April, 2025
2025:KER:32563
B.A.No.5595 of 2025
:1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
BAIL APPL. NO. 5595 OF 2025
CRIME NO.111/2024 OF Kozhikode Town Police Station,
Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl.
NO.4559 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
MUHAMMED SHAYSHAD BANGSON SIHAIL
AGED 33 YEARS
S/O SUHAIL BANGSON, F.NO. 901, HILL STREAK,
9TH FLOOR, GORIGUDDA ROAD, VANCIA, MANGALORE,
DAKSHINA KANNADA, PIN - 575001
BY ADV THASNIMOL T.S.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:32563
B.A.No.5595 of 2025
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C.PRATHEEP KUMAR, J.
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B.A.No.5595 of 2025
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Dated this the 16th day of April, 2025
O R D E R
1. This is an application for anticipatory bail
filed under Section 482 B.N.S.S. by the
accused/accused No.1 in Crime No.111/2024 of
Kozhikode Police Station. The offences alleged
against the petitioner are under Sections 406,
420, 376(2)(n) and 506 of IPC, which is now
pending before the Judicial First Class
Magistrate Court-I, Kozhikode as C.P.No.35/2024.
2. According to the learned counsel, the petitioner
surrendered before the Magistrate, and he was
granted bail on 03.03.2024.According to the
learned counsel, on the posting on 31.12.2024,
since he was absent his bail was cancelled and a
non-bailable warrant was issued. Her
apprehension is that, if the petitioner 2025:KER:32563
surrenders before the Magistrate, he will be
remanded.
3. The application was not seriously opposed by the
learned Public Prosecutor.
4. Considering the facts, it is only just and proper
to give a direction to the learned Magistrate to
consider the bail application filed by the
petitioner on the date of the surrender itself,
in case he surrenders within a period of 15 days
from today (16.04.2025).
5. In the result, this application is disposed of as
follows:
Petitioner is directed to surrender
before the learned magistrate within a
period of two weeks from today. In case
he surrenders before the jurisdictional
Magistrate and files a bail 2025:KER:32563
application, the same shall be disposed
of on the same day itself, in
accordance with law.
Sd/-
C.Pratheep Kumar, Judge.
Raj.
2025:KER:32563
APPENDIX OF BAIL APPL. 5595/2025
PETITIONER ANNEXURES
Annexure-A2 TRUE COPY OF THE ORDER DATED 03.303.2024 IN CRL.M.C NO. 336/2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE.
Annexure-A3 TRUE COPY OF THE WARRANT MEMO ISSUED BY THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT-I, KOZHIKODE.
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