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2025 Supreme(Online)(Ker) 13609
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ABDUL RAOOF C.A. – Appellant
Versus
UNION OF INDIA – Respondent
CRL.A 2274/2024
An appeal becomes infructuous when the relief sought has already been granted, rendering the appeal unnecessary.
Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Bail - Appeal dismissed as infructuous due to the appellant being granted bail - The court noted that the prayer for appeal was no longer necessary. (Paras 1-2)
(B) Infructuous Appeals - The court emphasized that if the relief sought in an appeal has been granted or is no longer required, the appeal should be dismissed as infructuous. (Paras 1-2)
Facts of the case:
The appellant, having been granted bail, sought to appeal; however, the court found the appeal unnecessary.
Findings of Court:
The appeal was dismissed as infructuous.
Issues: The main issue was whether the appeal could proceed given that bail had been granted.
Ratio Decidendi: The court ruled that an appeal becomes infructuous when the relief sought has already been granted, thus rendering the appeal unnecessary.
Result: Appeal dismissed as infructuous.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN TH FRIDAY, THE 30 DAY OF MAY 2025 / 9TH JYAISHTA, 1947 CRL.A NO. 2274 OF 2024 AGAINST THE ORDER DATED 22.11.2024 IN SC NO.2 OF 2023 OF SPECIAL COURT FOR TRIAL OF NIA CASES,ERNAKULAM APPELLANT/PETITIONER/ACCUSED NO.12:
ABDUL RAOOF C.A.
AGED 39 YEARS S/O. MUHAMMED MUSLIYAR, CHAPPANGATHODIYIL HOUSE, MARUTHUR, PATTAMBI, PALAKKAD, PIN - 679306 BY ADVS.
SHRI.E.A.HARIS SRI.RENJITH B.MARAR SRI.P.P.HARRIS RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 UNION OF INDIA REPRESENTED BY SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY, KOCHI, PIN - 682020
2 INSPECTOR OF POLICE NATIONAL INVESTIGATION AGENCY, NIA KOCHI UNIT, KOCHI, PIN - 682020
3 THE SUPERINTENDENT HIGH SECURITY PRISON, VIYYUR (SUO MOTTO IMPLEADED AS ADDL R3 AS PER ORDER DATED 07/01/2025)
4 PRINCIPAL SREE NARAYANA LAW COLLEGE, POOTHOTTA, ERNAKULAM (IMPLEADED AS ADDL R4 AS PER ORDER DATED 13/01/2025)
5 THE DIRECTOR GENERAL OF PRISONS & CORRECTIONAL SERVICES (SUO MOTU IMPLEADED AS ADDL. R5 AS PER ORDER DATED
03/03/2025)
6 SECRETARY, BAR COUNSEL OF INDIA HIGH COURT OF KERALA - 682031 (SUO MOTTO IMPLEADED AS ADDL. R6 PER ORDER DATED
11/3/25) BY ADVS.
SHRI.C.DINESH, CGC PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER SMT.SIMI S. ALI SMT.SARITHA K.S.
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 30.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Raja Vijayaraghavan V, J.
When the matter is taken up, Sri.E.A Haris, the learned counsel appearing for the appellant, submitted that the appellant has been granted bail and in that view of the matter, the prayer sought for has become infructuous.
This appeal is dismissed as infructuous.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE Sd/-
K.V. JAYAKUMAR, JUDGE APM APPENDIX OF CRL.A 2274/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER DATED 12.08.2024 IN CRL MP NO. 330 OF 2024 IN SC NO. 2/2023/NIA ON THE FILES OF THE SPECIAL COURT FOR TRIAL OF NIA CASES, KERALA AT ERNAKULAM Annexure A2 THE TRUE COPY OF THE ORDER DATED 04.10.2024 IN CRL MP NO. 404 OF 2024 IN SC NO. 2/2023/NIA ON THE FILES OF THE SPECIAL COURT FOR TRIAL OF NIA CASES, KERALA AT ERNAKULAM Annexure A3 THE TRUE COPY OF THE OBJECTION DATED
13.11.2024 FILED BY THE 1ST RESPONDENT CRL MP NO. 467 OF 2024 IN SC NO. 2/2023/NIA ON THE FILES OF THE SPECIAL COURT FOR TRIAL OF NIA CASES, KERALA AT ERNAKULAM Annexure A4 THE TRUE COPY OF THE JUDGMENT DATED
18.01.2024 IN WP (CRIMINAL) NO. 1037 OF 2023 OF THIS HON’BLE COURT Annexure A5 THE TRUE COPY OF THE ORDER DATED 19.09.2024 IN CRIMINAL WRIT PETITION NO. 3999 OF 2024 OF HIGH COURT OF JUDICATURE AT BOMBAY
