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2024 Supreme(Online)(KER) 23129

HIGH COURT OF KERALA
C.S. DIAS, J
HARIDAS B, – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 1514/2024



Advocates:
P.T.SHEEJISH

Headnote:

Fact of the Case:

The petitioners filed a bail application under Section 438 of the Code of Criminal Procedure, 1973, apprehending arrest by the Poochakkal Police Station, Alappuzha, in an unknown crime for allegedly committing a non-bailable offence.

Finding of the Court:

The learned Public Prosecutor, on instructions, submitted that, as on today there is no crime registered against the petitioners by the Poochakkal Police Station, as alleged in the bail application.

Final Decision: In the light of the above submission, the bail application is closed. It is made clear that, if the presence of the petitioners are required by Poochakkal police with regard to the allegations made in the bail application, they shall be issued with a notice under Section 41A of the Code, if the offence alleged against them is punishable for less than seven years.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 BAIL APPL. NO. 1514 OF 2024 CRIME NO.0/0 OF POOCHAKKAL POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED:

1 HARIDAS B, AGED 48 YEARS S/O. BHASI J, TC 53/966,SANTHALAYAM,GANGA NAGAR, PAPPANAMCODE P.O,THIRUVANANTHAPURAM DISTRICT., PIN - 695018

2 SUMA G P AGED 36 YEARS W/O. STEPHAN G, RESHMA HOUSE,GANGA NAGAR, PAPPANAMCODE P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695018 BY ADV P.T.SHEEJISH RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM., PIN – 682031 SR.P.P. SMT. SEETHA S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.

2. The petitioners apprehend arrest by the Poochakkal Police Station, Alappuzha, in an unknown crime, for allegedly committing a non-bailable offence.

3. Heard; Sri.P.T.Sheejish, the learned counsel appearing for the petitioners and Smt.Seetha S., the learned Public Prosecutor appearing for the respondent.

4. The learned Public Prosecutor, on instructions, submitted that, as on today there is no crime registered against the petitioners by the Poochakkal Police Station, as alleged in the bail application.

In the light of the above submission, the bail application is closed. It is made clear that, if the presence of the petitioners are required by Poochakkal police with regard to the allegations made in the bail application, they shall be issued with a notice under Section 41A of the Code, if the offence alleged against them is punishable for less than seven years.

Sd/-

C.S.DIAS JUDGE shg

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