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Secretary vs Union of India,

Secretary vs Union of India,

Type Court Judgment Court Kerala Decided May 23, 2024
~2 min read
https://sooperkanoon.com/case/1324852

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./3783/2024

Parties & Advocates

Appellant / Petitioner

Secretary

Respondent

Union of India,

Excerpt

.....c.e.n crime police station, south division, bengaluru banshankari 2nd stage, karnataka-560070, pin - 110001other present: sr pp smt seetha s this bail application having come up for admission on 23.05.2024, the court on the same day delivered the following: -:2:- dated this the 23rd day of may,2024orderthe application is filed under section 438 of the code of criminal procedure, 1973, for an order of pre-arrest bail.2. the petitioner apprehends arrest by thec.e.n. crime police station, south division, bengaluru, karnataka, in crime no.541/2024 for allegedly committing the offences punishable under sections 419 & 420 of the indian penal code, 1860 and sections 66c & 66d of the information technology act, 2000.3. when the application came up forconsideration on 30.04.2024, this court ordered notice to the second respondent / investigating officer and directed the second respondent not to arrest the petitioner till 23.05.2024, in order to enable the -:3:- petitioner to work out his remedies, in accordance with law, as per the law laid down by the hon'ble supreme court in priya indoria v. state of karnataka [2023 khc online 6997] and the law laid down by this court in samdeep varghese v. state of kerala [2010 (2) khc 881].4. as the time period fixed by this court hasalready lapsed, i am of the view that nothing further survives in this bail application. resultantly, the bail application is dismissed, without prejudice to the right of the petitioner to work out his remedies in accordance with law. sd/- c.s.dias,judge dst/23.05.24 //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946 BAIL APPL. NO. 3783 OF 2024 CRIME NO.541/2024 OF C.E.N. CRIME POLICE STATION, SOUTH DIVISION, BENGALURU, BENGALORE URBAN, KARNATAKA. PETITIONER: SECRETARY AGED 52 YEARS MUTTATHODI SERVICE CO-OPERATIVE BANK LTD CITIZEN NAGAR, CHENGALA P O KASARGODE-, PIN - 671541 BY ADVS. P.E.SAJAL AJAS K.S. RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001 2 INVESTIGATION OFFICER, C.E.N CRIME POLICE STATION, SOUTH DIVISION, BENGALURU BANSHANKARI 2ND STAGE, KARNATAKA-560070, PIN - 110001

OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 23rd day of May,2024

ORDER

The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2. The petitioner apprehends arrest by the

C.E.N. Crime Police Station, South Division, Bengaluru, Karnataka, in Crime No.541/2024 for allegedly committing the offences punishable under Sections 419 & 420 of the Indian Penal Code, 1860 and Sections 66C & 66D of the Information Technology Act, 2000.

3. When the application came up for

consideration on 30.04.2024, this Court ordered notice to the second respondent / Investigating Officer and directed the second respondent not to arrest the petitioner till 23.05.2024, in order to enable the -:3:- petitioner to work out his remedies, in accordance with law, as per the law laid down by the Hon'ble Supreme Court in Priya Indoria v. State of Karnataka [2023 KHC Online 6997] and the law laid down by this Court in Samdeep Varghese v. State of Kerala [2010 (2) KHC 881].

4. As the time period fixed by this Court has

already lapsed, I am of the view that nothing further survives in this bail application. Resultantly, the bail application is dismissed, without prejudice to the right of the petitioner to work out his remedies in accordance with law. Sd/- C.S.DIAS,JUDGE DST/23.05.24 //True copy// P.A. To Judge

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Same Court & Year Kerala · 2024 Same Parties Secretary vs Union of India, Same Judge Honourable Mr.Justice C.S.Dias

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