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2025 DAILYLAW 6840 (KER)

MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL v. STATE OF KERALA

Bail Appl./5182/2025 · 2025-04-04

P V Kunhikrishnan

body2025

Judgment text

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2025:KER:29309 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 5182 OF 2025 CRIME NO.19/2025 OF , GOVINDARAJA NAGAR POLICE STATION, BANGALORE, KARNATAKA PETITIONERS/ACCUSED 1 & 2: 1 MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL AGED 69 YEARS S/O ARAKKAL VETTATH AHMEDKUTTY, PUDUMANASSERY, PAVARATTY P.O, THRISSUR, PIN - 680507 2 SHAJITHA MOHAMED ASHARAF AGED 64 YEARS W/O. MOHAMED ASHRAF ARAKKAL KOOTTINTAKAYIL, PUDUMANASSERY, PAVARATTY P.O, THRISSUR, PIN - 680507 BY ADVS. C.Y.VINOD KUMAR P.MOHAMMED ANZARI RESPONDENTS/STATE & INVESTIGATING OFFICERS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER NEDUMBASSERY POLICE STATION, NEDUMBASSERY, ERNAKULAM, PIN - 683111 BAIL APPL. NO. 5182 OF 2025 2 2025:KER:29309 3 STATION HOUSE OFFICER GOVINDARAJA NAGAR POLICE STATION, SARASWATHI NAGAR, HUCHAPPA LAYOUT, VIJAYANAGAR, BANGALORE, KARNATAKA, PIN - 560040 OTHER PRESENT: SR.ADV.SRI.M.RAMESH CHANDER SRI.HRITHWIK.C.S, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 5182 OF 2025 3 2025:KER:29309 P.V.KUNHIKRISHNAN, J --------------------------------------- B.A. No. 5182 of 2025 -------------------------------------- Dated this the 4th day of April, 2025 O R D E R This bail application is filed by the petitioners apprehending arrest in Crime No.19 of 2025 of Govindaraja Nagar Police Station, Bangalore, Karnataka . 2. Admittedly, this Court has no Jurisdiction to entertain this bail application. The Senior Counsel Sri.M.Ramesh Chander instructed by Sri.C.Y. Vinod submitted that the petitioners are ready to approach the jurisdictional court with appropriate application. But the petitioners apprehend arrest within the jurisdiction of State of Kerala in the meanwhile. 3. If that is the case, there can be a direction not to arrest the petitioners within the jurisdiction of State of Kerala for a period of three weeks, so that the petitioners can approach the proper court with appropriate application. BAIL APPL. NO. 5182 OF 2025 4 2025:KER:29309 Therefore this bail application is disposed of directing the police authorities not to arrest the petitioners for a period of three weeks within the jurisdiction of state of Kerala. In the meanwhile the petitioners can approach the jurisdictional court. But I make it clear that, I have not considered the matter on merit and this order is passed only to facilitate the petitioners to approach the jurisdictional court. Sd/- P.V.KUNHIKRISHNAN JUDGE MSA BAIL APPL. NO. 5182 OF 2025 5 2025:KER:29309 APPENDIX OF BAIL APPL. 5182/2025 PETITIONER ANNEXURES Annexure A1 COPY OF THE ORDER DATED 18/09/24 IN CRL PET NO.7572 OF 2024 ON THE FILES OF HON’BLE HIGH COURT OF KARNATAKA Annexure A2 COPY OF THE ORDER DATED 18/10/24 IN SPECIAL LEAVE TO APPEAL (CRL) NO. 14032/24 OF THE HON’BLE SUPREME COURT Annexure A3 COPY OF THE ORDER DATED 07/02/2025 IN WPC NO. 3614/25 OF THE HON’BLE HIGH COURT OF KARNATAKA