Quresh & another v Director of Criminal Investigations & 2 others; Treadsetters Tyres Limited & another (Interested Parties) [2024] KEHC 4567 (KLR)

Quresh & another v Director of Criminal Investigations & 2 others; Treadsetters Tyres Limited & another (Interested Parties) (Miscellaneous Application E073 of 2024) [2024] KEHC 4567 (KLR) (Crim) (15 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4567 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Application E073 of 2024

LN Mutende, J

April 15, 2024

Between

Mohamed Adan Quresh

1st Applicant

Nazareth Group Of Companies Ltd

2nd Applicant

and

Director Of Criminal Investigations

1st Respondent

Inspector General Of Police

2nd Respondent

Director Of Public Prosecutions

3rd Respondent

and

Treadsetters Tyres Limited

Interested Party

Mohamed Zeshan Saroya

Interested Party

Ruling

1. Through a Notice of Motion dated 7th March, 2024 the applicant Mohamed Adan Quresh seeks an order admitting him to anticipatory bail pending arrest or charging on such reasonable terms as the court may deem fit to impose in the circumstances.

2. The basis of the application is that the respondents are aiding the Interested Party to recover a debt from him yet the matter is commercial in nature which has been determine by a commercial court and payment terms entered per an agreement and even post dated cheques issued.

3. Directions as to service of the application were given on 12th March, 2024.

4. On 19th March, 2024 the applicant filed a Notice of withdrawal of the matter in its entirety. There being no objection to the withdrawal, the application stands withdrawn as prayed and the file is accordingly closed.

5. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 15THDAY OF APRIL, 2024. L. N. MUTENDEJUDGEIn the presence of:Ms. Wafula for ODPPCourt Assistant - Gladys