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Smitha vs State of Kerala

Smitha vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 05, 2024
~2 min read
https://sooperkanoon.com/case/1328661

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./5891/2024

Parties & Advocates

Appellant / Petitioner

Smitha

Respondent

State of Kerala

Excerpt

.....(muvattupuzha) thomas abraham (k/1051/2010) lakshminarayan.r gautham krishnan k.g. sneha mary santhosh respondents: 1 state of kerala represented by public prosecutor,high court of kerala, pin - 682031 2 station house offcier mannar police station, mannar.p.o, alappuzha district, pin - 689622 3 pushapa kumar proprietor, arcee finance, parumala jn, mannar.p.o, alappuzha district, pin - 689622other present: sr pp smt seetha s this bail application having come up for admission on 05.08.2024, the court on the same day passed the following: -:2:- dated this the 5th day of august, 2024orderthe application is filed under section 482 of the bharatiya nagarik suraksha sanhita, 2023 ( in short, bnss), for an order of pre-arrest bail.2. the petitioner apprehends arrest in an unknown crime by the mannar police station, alappuzha, for allegedly committing a non-bailable offence.3. heard; sri. v.sethunath, the learned counsel appearing for the petitioner and smt. seetha s., the learned senior public prosecutor.4. the learned public prosecutor, on instructions,submitted that as on today there is no crime 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 -:3:- presence of the petitioner is required by the mannar police with regard to the allegations made in the bail application, she shall be issued with a notice under section 35(3) of the bnss, if the offence alleged against her is punishable for less than seven years. sd/- c.s.dias,judge rmm/5/8/2024

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 5TH DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 BAIL APPL. NO. 5891 OF 2024 UNKNOWN CRIME OF MANNAR POLICE STATION PETITIONER: SMITHA AGED 44 YEARS W/O HARISH KUMAR , RESIDING AT VELAYUDHA SADANAM, CHETTIKULANGARA.P.O , MAVELIKKARA TALUK , ALAPPUZHA DISTRICT, PIN - 690105 BY ADVS. V.SETHUNATH V.R.MANORANJAN (MUVATTUPUZHA) THOMAS ABRAHAM (K/1051/2010) LAKSHMINARAYAN.R GAUTHAM KRISHNAN K.G. SNEHA MARY SANTHOSH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFCIER MANNAR POLICE STATION, MANNAR.P.O, ALAPPUZHA DISTRICT, PIN - 689622 3 PUSHAPA KUMAR PROPRIETOR, ARCEE FINANCE, PARUMALA JN, MANNAR.P.O, ALAPPUZHA DISTRICT, PIN - 689622

OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:2:- Dated this the 5th day of August, 2024

ORDER

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short, BNSS), for an order of pre-arrest bail.

2. The petitioner apprehends arrest in an unknown crime by the Mannar Police Station, Alappuzha, for allegedly committing a non-bailable offence.

3. Heard; Sri. V.Sethunath, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor.

4. The learned Public Prosecutor, on instructions,

submitted that as on today there is no crime 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 -:3:- presence of the petitioner is required by the Mannar police with regard to the allegations made in the bail application, she shall be issued with a notice under Section 35(3) of the BNSS, if the offence alleged against her is punishable for less than seven years. SD/- C.S.DIAS,JUDGE rmm/5/8/2024

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