Tom J Antony vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 25, 2024

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Citation: sooperkanoon.com/1316249
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Mar 25, 2024
Case Number: Bail Appl./2153/2024

Parties & Advocates

Appellant / Petitioner

Tom J Antony

Respondent

State of Kerala

Excerpt

.....the court on the same day delivered the following: -: 2 :-c. s. dias, j.==================== b. a. no.2153 of 2024 ------------------------------------ -- dated this the 25th day of march, 2024orderthe application is filed under section 438 of the code of criminal procedure code, for an order of pre- arrest bail. the petitioner apprehends arrest by the perinthalmanna police in an unknown crime for allegedly committing a non bailable offence.2. heard sri.mohammed aslam p.a., the learned counsel appearing for the petitioner and the smt.seetha s, learned senior public prosecutor appearing for the respondent.3. learned public prosecutor on instructions,submits that, the petitioner is the sole accused in crime -: 3 :- no.438/2024 of the perinthalmanna police station registered against him for committing the predicate offence punishable under section 354d of the indian penal code.4. on a reading of the bail application, none of thedetails pertaining to the incident, crime number or the offences have been mentioned. the bail application is vague and lacks the requisite details, particularly the accusations levelled against the petitioner. therefore, in view the conspicuous absence of the elementary details, i hold that the application is not sustainable, and the petitioner is to be directed to file a fresh application after incorporating all the requisite details. in the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application after incorporating his rank, crime -: 4 :- number, the offences and also the specific accusations levelled against him. sd/- c. s. dias, judge sbna/ -: 5 :- appendix of bail appl. 2153/2024 petitioner annexures annexure a1 true copy of the fir with no. 410/2024 dated 28-02-2024 annexure a2 true copy of the wound certificate dated 28.02.2024 annexure a3 true copy of the photograph of the injury of the petitioner annexure a4 true copy of the complaint dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 BAIL APPL. NO. 2153 OF 2024 PETITIONER: TOM J ANTONY, AGED 22 YEARS S/O JACOB K. LAWRENCE, KILIYARA HOUSE, NARANGAKUND,PERINTHALMANNA P.O, MALAPPURAM DISTRICT PIN CODE, PIN - 679322 BY ADVS. P.A.MOHAMMED ASLAM MIDHUN MOHAN SARATH SASI E.B.THAJUDDEEN IRSHAD V.P. ARTHUR B. GEORGE RESPONDENT: STATE OF KERALA, REPRESENTED BY SHO, PERINTHALMANNA POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-
C. S. DIAS, J.
==================== B. A. No.2153 of 2024 ------------------------------------ -- Dated this the 25th day of March, 2024

ORDER

The application is filed under section 438 of the Code of Criminal Procedure Code, for an order of pre- arrest bail. The petitioner apprehends arrest by the Perinthalmanna Police in an unknown crime for allegedly committing a non bailable offence.

2. Heard Sri.Mohammed Aslam P.A., the learned counsel appearing for the petitioner and the Smt.Seetha S, learned Senior Public Prosecutor appearing for the respondent.

3. Learned Public Prosecutor on instructions,

submits that, the petitioner is the sole accused in Crime -: 3 :- No.438/2024 of the Perinthalmanna Police Station registered against him for committing the predicate offence punishable under Section 354D of the Indian Penal Code.

4. On a reading of the bail application, none of the

details pertaining to the incident, crime number or the offences have been mentioned. The bail application is vague and lacks the requisite details, particularly the accusations levelled against the petitioner. Therefore, in view the conspicuous absence of the elementary details, I hold that the application is not sustainable, and the petitioner is to be directed to file a fresh application after incorporating all the requisite details. In the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application after incorporating his rank, crime -: 4 :- number, the offences and also the specific accusations levelled against him. Sd/- C. S. DIAS, JUDGE Sbna/ -: 5 :- APPENDIX OF BAIL APPL. 2153/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR WITH NO. 410/2024 DATED 28-02-2024 Annexure A2 TRUE COPY OF THE WOUND CERTIFICATE DATED 28.02.2024 Annexure A3 TRUE COPY OF THE PHOTOGRAPH OF THE INJURY OF THE PETITIONER Annexure A4 TRUE COPY OF THE COMPLAINT DATED

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