Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 BAIL APPL. NO. 1396 OF 2024 PETITIONER/ACCUSED: C. A . MATHEW AGED 68 YEARS S/O C.B ANTONY OLD 103 KARMALA WARD THOTTAPALLY PO ALAPUZHA -, PIN - 688013 BY ADVS. M.R.SARIN SUNIL JOSEPH(K/000755/2004) RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER MANARACAD POLICE STATION, KOTTAYAM, PIN - 686019 BY ADV SMT NEEMA T. V. - SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S.DIAS, J.
-------------------------------------------------------- B.A. No. 1396 OF 2024 ------------------------------------------------------- Dated this the 1st day of March, 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 petitioner apprehends arrest by the Manarkad Police Station, Kottayam in an unknown crime for allegedly committing a non bailable offence.
3. Heard; Sri. M. R. Sarin, the learned counsel appearing for the petitioner and Smt. Neema T. V., the learned Public Prosecutor.
4. The learned Public Prosecutor, on instructions,
submits that, as on today there is no crime registered against the petitioner by the above Police Station, as alleged in the bail application. The said submission is recorded. In the light of the above submission, the bail application is closed. It is made clear that, if the presence of the petitioner is required by Manarkad Police with regard to the allegations made in the bail application, he shall be issued with a notice under Section 41A of the Code, if the offence alleged against him is punishable for less than seven years. Sd/- C.S. DIAS JUDGE BR