Sumesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 28, 2024

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Citation: sooperkanoon.com/1291176
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Feb 28, 2024
Case Number: Bail Appl./2485/2023

Parties & Advocates

Appellant / Petitioner

Sumesh

Respondent

State of Kerala

Excerpt

.....village alappuzha district, 4 surendran, aged 62 years, s/o karuthakunju, vayalirampil puthenveedu, kizhakke muri, thamarakkulam village, alappuzha district, pin - 690530 by advs. s.shanavas khan s.indu kala g.nambiarrespondent: state of kerala represented by public prosecutor, high court of kerala, pin - 682031 other present: sr pp smt neema t v this bail application having come up for admission on 28.02.2024, the court on the same day delivered the following: -:2:- dated this the 28th day of february,2024orderthe 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 nooranadu police, alappuzha district, in an unknown crime for allegedly committing a non-bailable offence. hence, the bail application.3. heard; sri. s. shanavas khan, the learned counsel appearing for the petitioners and smt.neema t.v., the learned senior 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 said police, as alleged in the bail application. in the light of the above submission, the bail -:3:-application is closed. it is made clear that, if the presence of the petitioners are required by nooranadu 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 dst/28.02.24 //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 BAIL APPL. NO. 2485 OF 2023 CRIME NO.0/0 OF NOORANADU POLICE STATION, ALAPPUZHA PETITIONERS:
1 SUMESH, AGED 31 YEARS, S/O SURENDRAN, VAYALIRAMPIL PUTHENVEEDU KIZHAKKE MURI 2 BABURAJ, AGED 25 YEARS, S/O BALAN, THARAYIL HOUSE, KIZHAKKE MURI 3 SARATH, AGED 28 YEARS, S/O SASI, THARAYIL HOUSE, KIZHAKKE MURI, THAMARAKKULAM VILLAGE ALAPPUZHA DISTRICT, 4 SURENDRAN, AGED 62 YEARS, S/O KARUTHAKUNJU, VAYALIRAMPIL PUTHENVEEDU, KIZHAKKE MURI, THAMARAKKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN - 690530 BY ADVS. S.SHANAVAS KHAN S.INDU KALA G.NAMBIAR
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SMT NEEMA T V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 28th day of February,2024

ORDER

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 Nooranadu Police, Alappuzha District, in an unknown crime for allegedly committing a non-bailable offence. Hence, the bail application.

3. Heard; Sri. S. Shanavas Khan, the learned counsel appearing for the petitioners and Smt.Neema T.V., the learned Senior 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 said police, as alleged in the bail application. In the light of the above submission, the bail -:3:-

application is closed. It is made clear that, if the presence of the petitioners are required by Nooranadu 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 DST/28.02.24 //True copy// P.A. To Judge

Same Court & Year Kerala Orders · 2024 Same Parties Sumesh vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias