P.M.Rasheed vs State Of Kerala on 7 July, 2023

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Kerala High Court

P.M.Rasheed vs State Of Kerala on 7 July, 2023

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                    BAIL APPL. NO. 4997 OF 2022
Crime No.1555/2020 of Nadakkavu Police Station, Kozhikode district
PETITIONERS/ACCUSED NOS.2 TO 5:

  1   P.M.RASHEED, AGED 54 YEARS, S/O. LATE MOOSAKOYA, BISMI,
      PANNIYANKARA, KOZHIKODE (MANAGING DIRECTOR, MALABAR EYE
      HOSPITAL AND RESEARCH CENTRE, PVT.LTD), KOZHIKODE., PIN -
      678686
  2   K.P.JAYACHANDRAN, AGED 72 YEARS, S/O LATE CHANDRASEKHARAN,
      D3/34, ASWATHY, C.H NAGAR, CHEVARAMBALAM, KOZHIKODE., PIN -
      673017
  3   SHYAM LAL.P, AGED 36 YEARS, S/O SANKARANARAYANAN,
      MELEPUTHALATH HOUSE, MIE, KUNNAMANGALAM (ADMINISTRATIVE
      OFFICER, MALABAR INSTITUTE OF OPTOMETRY, KOZHIKODE), PIN -
      673570
  4   SANDHUJ LAL.V, AGED 27 YEARS, S/O SAHAJANANDAN, VARUVORA
      HOUSE, MELUR POST, KOYILANDY, KOZHIKODE, HEAD OF DEPARTMENT
      OF OPTOMETRY, MALABAR INSTITUTE OF OPTOMETRY., PIN - 673306
      BY ADVS.
      M.U.VIJAYALAKSHMI
      K.JAJU BABU (SR.)
      BRIJESH MOHAN

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

  1   STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
      OF KERALA, PIN - 682031
  2   ABDUL SAMAD, AGED 46 YEARS, S/O MAMMU, AGED 46 YEARS, ALFAJAR
      HOUSE, MELADY, PAYYOLI POST, KOZHIKODE-673522, PIN - 673522
      BY ADVS.
      SUSMITH KUMAR T.D
      C.SIVADAS(K/798/2012)
      T.O.DEEPA(K/180/2008)

OTHER PRESENT:

          SMT.MAYA.M.N, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.4997/2022                            2




                    P. V. KUNHIKRISHNAN, J.
                 -------------------------------------------
                Bail Application No.4997 of 2022
                 -------------------------------------------
                Dated this the 7th day of July, 2023


                                 ORDER

When this bail application came up for consideration, the learned Public Prosecutor submitted that final report in Crime No.1555/2020 of Nadakkavu Police Station is already submitted before the jurisdictional court. If that is the case, this bail application need not be retained. It is submitted by the learned Senior Counsel that in the connected case, anticipatory bail was granted as per order dated 07.10.2022 in B.A.No.5008/2022. The learned Senior Counsel submitted that, if the petitioner surrender before the jurisdictional court, there may be a direction to the court below to consider the same also while deciding the bail application.

Since the final report is already filed and further custodial interrogation is not necessary, the jurisdictional court will grant bail imposing appropriate conditions, if the petitioner surrender within two weeks.

B.A.4997/2022 3

With the above observation, the bail application is disposed of.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/ B.A.4997/2022 4 APPENDIX OF BAIL APPL. 4997/2022 PETITIONER ANNEXURES Annexure A1 COPY OF THE CERTIFICATE ISSUED BY THE DIRECTOR (SKILLS & VOCATIONAL STUDIES) OF JAIN DEEMED TO BE UNIVERSITY Annexure A2 COPY OF THE NOTIFICATION DATED 12.2.2018 OF THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT Annexure A3 COPY OF THE NOTIFICATION DATED 18.11.2020 OF THE UNIVERSITY GRANTS COMMISSION Annexure A4 COPY OF THE INFORMATION PROVIDED UNDER THE RIGHT TO INFORMATION ACT, 2005 Annexure A5 COPY OF THE ORDER DATED 7.7.2021 IN CRIMINAL MISCELLANEOUS CASE NO.

653/2021 OF THE COURT OF SESSION, KOZHIKODE

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