Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 BAIL APPL. NO. 2122 OF 2024 PETITIONERS/ACCUSED:
1 KRISHNA KUMAR .M S/O. MANOHARAN P, KUNDUVILA PUTHENVEEDU, PARASUVAIKAL P.O., PARASSALA, THIRUVANANTHAPURAM 2 BAIJU G AGED 45 YEARS S/O. GLASTAN, B.N NVIVAS, CHERUVATTOOR POTTA, PRASUVAKKAL P.O, PARASSALA, THIRUVANANTHAPURAM 3 RATHEESH RAJ S/O. RAJU, THERIYAN VILA, MALAMCHUTTA PUTHEN VEEDU, PARASUVAIKKAL P.O, PARASSALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695508 BY ADVS. BENCILAL B.S. RINU. S. ASWAN GOPIKA H.H ANUJA B.S. SATHYA VIJAYAKUMAR ARYA L.S. MANU S. KUMAR MAHESWARY M.S.
RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA REP. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER NILAMBUR POLICE STATION, NILAMBUR POST, MALAPPURAM DISTRICT, PIN - 679329 BY ADV SMT. SEETHA S. - SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S.DIAS, J.
-------------------------------------------------------- B.A. No. 2122 OF 2024 ------------------------------------------------------- Dated this the 22nd 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 petitioners apprehend arrest in an unknown crime of the Nilambur Police Station, Malappuram for allegedly committing a non-bailable offence.
3. Heard; Sri. Bencilal B. S., the learned counsel appearing for the petitioners and Smt. Seetha S., the learned Public Prosecutor.
4. The learned Public Prosecutor, on instructions,
submits that, as on today there is no crime registered against the petitioners 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 petitioners is required by Nilambur 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 BR