Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 BAIL APPL. NO. 2857 OF 2023 PETITIONER: BINU V AGED 50 YEARS SON OF VIJAYAN,THARAKAM HOUSE, ULLAS NAGAR, KOLIYACODE (P.O), THIRUVANANTHAPURAM., PIN - 695607
BY ADV NIREESH MATHEW RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.SMT.SEETHA.S., SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.2857/2023 2
ORDER
Learned Public Prosecutor would submit that the petitioner is not arrayed as an accused in C.R.No.12 of 2023 of Thankamani Excise Range, Idukki. The petitioner was given notice dated 15.03.2023 to appear before the Investigating Officer and furnish details which are in his knowledge pertaining to the alleged offence. Since he has not been arrayed as an accused, there need not be any apprehension of arrest. Considering the above said circumstances, this Bail Application is disposed of directing the Investigating Officer not to arrest the petitioner except after giving a further notice under Section 41A of the Code of Criminal Procedure, 1973. Sd/- P.G. AJITHKUMAR JUDGE csl B.A.No.2857/2023 3 APPENDIX OF BAIL APPL. 2857/2023 PETITIONER ANNEXURES Annexure1 TRUE PHOTO COPY OF THE ORDER DATED 15.02.2023 IN CRIMINAL M.C NO. 106/2023 PASSED BY THE COURT OF SESSIONS JUDGE, THODUPUZHA Annexure2 TRUE PHOTO COPY OF THE NOTICE DATED 15.03.2023 ISSUED BY THE EXCISE CIRCLE INSPECTOR, EXCISE CIRCLE OFFICE, IDUKKI