Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE3D DAY OF JULY2014/12TH ASHADHA, 1936 Bail Appl..No. 4798 of 2014 ------------------------------- CRIME NUMBER AND POLICE STATION NOT KNOWN TO THE PETITIONERS PETITIONER(S)/ACCUSED (RANK NOT KNOWN TO THE PETITIONERS): ------------------------------------------------------------------------------------------------------ 1. JACOB THOMAS, AGED69YEARS, S/O.LATE M.A.THOMAS, MULAMOOTTIL HOUSE, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT.
2. MOLY JACOB, AGED65YEARS, W/O.JACOB THOMAS, MULAMOOTTIL HOUSE, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT/STATE: ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0307-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AS THOMAS P.JOSEPH, J.
==================================== B.A. No.4798 of 2014 ==================================== Dated this the 03rd day of July, 2014 ORDER
Petitioners apprehend arrest by the Deputy Superintendents of Police, Pathanamthitta and Adoor for non-bailable offence and have filed this application.
2. On 24.06.2014 after hearing both sides, this Court issued an interim order.
3. Learned Public Prosecutor has submitted that a complaint was made by one Soorajlal to the Home Minister of the State which was initially forwarded to the Dy SP, Pathanamthitta who in turn forwarded it to the Dy SP, Adoor having jurisdiction over the area. The Dy SP, Adoor has informed that neither he nor any police station under his territorial jurisdiction has registered any case against the petitioners and that the petitioners are not required for any purpose.
4. Learned counsel submitted that Soorajlal who made the complaint is none other than the first judgment debtor in O.S. No.179 of 2007 of the Sub Court, Pathanamthitta. Against him and his mother, the petitioners have obtained decree for recovery of B.A. No. 4798 of 2014 -:
2. :- money and that decree is put to execution. Against mother of Soorajlal, the petitioners have filed complaint under Sec.138 of the Negotiable Instruments Act which is pending in the Court of learned Judicial First Class Magistrate-I, Pathanamthitta. They are settling scores with the petitioners. Petitioners apprehend that there are persons behind Soorajlal and his mother. Learned counsel apprehends possibility of the petitioners being falsely implicated in the case.
5. Interim order was passed by this Court with reference to the various documents produced by the petitioners showing they have obtained decree for money against Soorajlal and his mother and have filed case against mother of Soorajlal. If somebody is aggrieved by the decree of the civil court or the case filed under Section 138 of the N.I. Act, remedy is elsewhere. In case the Dy SP or any Police Officer coming within his jurisdiction intends to proceed against the petitioners on the complaint preferred by Soorajlal or his mother as the case may be and questioning the petitioners or any of them is required, it is directed that notice shall be issued on the petitioners for that purpose giving sufficient time for them to appear before the B.A. No. 4798 of 2014 -:
3. :- Officer concerned so that in the meantime, if so advised the petitioners could seek appropriate relief from appropriate authority. The application is closed with the above directions. THOMAS P.JOSEPH, JUDGE. vsv