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Jensy vs State of Kerala

JENSY vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 28, 2024
~2 min read
https://sooperkanoon.com/case/1325463

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./4049/2024

Parties & Advocates

Appellant / Petitioner

JENSY

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c.s.dias tuesday, the 28th day of may 2024 / 7th jyaishta, 1946 crime no.0/0 of palarivattom police station, ernakulam petitioner/s: jensy aged 46 years w/o. bubish, aged 46 years, kulikkott house, palarivattom, pipe line, kochi., pin - 682025 by advs. denizen komath megha madhavan dean denizen komath respondent/s: 1 state of kerala represented by public prosecutor,high court of kerala, pin - 682031 2 station house officer palarivattom police station, ernakulam, pin - 682025 3 city police commissioner kochi city , ernakulam, pin - 682011 other present: sr pp sri c s hrithwik this bail application having come up for admission on 28.05.2024, the court on the same day delivered the following:orderthe 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 is apprehending arrest in an unknown crime by the palarivattom police station, ernakulam for allegedly committing a non-bailable offence.3. heard; sri.denisen komath, the learned counsel appearing for the petitioner and sri.c.s.hrithwik., the learned senior public prosecutor.4. the learned public prosecutor, on instructions,submits that as per the instructions received from the palarivattom police station, there is no case registered against the petitioner, 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 the palarivattom 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 rkc/28.05.2024 appendix of bail appl. 4049/2024 petitioner annexures annexure a1 true photocopy of the order dated 04.12.2023 in b.a no.10396/2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946 CRIME NO.0/0 OF Palarivattom Police Station, Ernakulam PETITIONER/S: JENSY AGED 46 YEARS W/O. BUBISH, AGED 46 YEARS, KULIKKOTT HOUSE, PALARIVATTOM, PIPE LINE, KOCHI., PIN - 682025 BY ADVS. DENIZEN KOMATH MEGHA MADHAVAN DEAN DENIZEN KOMATH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER PALARIVATTOM POLICE STATION, ERNAKULAM, PIN - 682025 3 CITY POLICE COMMISSIONER KOCHI CITY , ERNAKULAM, PIN - 682011 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 is apprehending arrest in an unknown crime by the Palarivattom Police Station, Ernakulam for allegedly committing a non-bailable offence.

3. Heard; Sri.Denisen Komath, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik., the learned Senior Public Prosecutor.

4. The learned Public Prosecutor, on instructions,

submits that as per the instructions received from the Palarivattom Police Station, there is no case registered against the petitioner, 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 the Palarivattom 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 Rkc/28.05.2024 APPENDIX OF BAIL APPL. 4049/2024 PETITIONER ANNEXURES Annexure A1 TRUE PHOTOCOPY OF THE ORDER DATED 04.12.2023 IN B.A NO.10396/2023

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