Kerala High Court
Mohammed Rafeeq vs State Of Kerala on 8 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
BAIL APPL. NO. 10628 OF 2023
CRIME NO.936/2023 OF Kondotty Police Station, Malappuram
PETITIONER/ACCUSED NO.1:
MOHAMMED RAFEEQ
AGED 35 YEARS
S/O. ABOOBACKER, ERIYALIL HOUSE, VADAKKEPARAMP,
THAVANOOR.P.O., MUTHUVALLUR VILLAGE, KONDOTTY,
MALAPPURAM DISTRICT., PIN - 673641
BY ADVS.
K.K.DHEERENDRAKRISHNAN
N.P.ASHA
ABDUSSAMAD K.K.
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY SMT. T.V. NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.10628 of 2023
2
MOHAMMED NIAS C.P, J.
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B.A. No.10628 of 2023
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Dated this the 8th day of December, 2023.
ORDER
Apprehending arrest in Crime No.936 of 2023 of Kondotty Police Station, Malappuram, registered for offences punishable under Section 420 of the Indian Penal Code, 1860 and Sections 4 and 20 of the Telegraphs Act and Sections 3 and 6 of Indian Wireless Telegraphy Act, 1993, the petitioner/ accused No.1, has filed this petition seeking pre-arrest bail.
2. The prosecution case is that on the basis of the source information, Kondotty Police Station searched the building of one Haneefa situated at Kizhisseri on 3.8.2023 at 5.30 p.m. and found that the accused had been running a parallel telephone exchange and thereby, accused is said to have committed the aforesaid offences.
3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
4. Considering the allegations against the petitioner that he was allegedly conducting a parallel telephone exchange, it B.A. No.10628 of 2023 3 cannot be said that the offences are not attracted. Therefore, I am not inclined to grant anticipatory bail as it will adversely affect a proper investigation. Accordingly, the anticipatory bail application is dismissed, and the following directions are issued:-
In the event the petitioner surrenders before the Investigating Officer within ten days, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves 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 petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
Sd/-
MOHAMMED NIAS C.P
smv JUDGE
B.A. No.10628 of 2023
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APPENDIX OF BAIL APPL. 10628/2023
PETITIONER'S ANNEXURES
Annexure-I A TRUE COPY OF FIR IN CRIME NO.
936/2023 OF KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT
Annexure-II TRUE COPY OF THE ORDER DATED
27.10.2023 IN BA NO. 8527/2023 PASSED
BY THIS HONOURABLE COURT