Arjun, vs State of Kerala,

ARJUN, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided May 25, 2023

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https://sooperkanoon.com/case/1356225

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Citation: sooperkanoon.com/1356225
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: May 25, 2023
Case Number: Bail Appl./3115/2023

Parties & Advocates

Appellant / Petitioner

ARJUN,

Respondent

State of Kerala,

Excerpt

.....petitioners who apprehend arrest in connection with the investigation of crime no.29/2023 of thrissur rural vanitha police station. the offences alleged against the petitioners are under sections 354(d)(1), 448, 294(b) and 506 of the indian penal code.2. the learned counsel for the petitioners submits that,even though the offences mentioned in the f.i.r. are bailable, the petitioners were constrained to submit this application for anticipatory bail as the petitioners apprehend incorporation of certain non bailable offences also.3. today, when the matter came up for consideration, thelearned public prosecutor upon instructions submitted that, no non bailable offences are incorporated in the case. in view of the fact that, the offences in the crime registered against the petitioners are bailable, this application is not maintainable. :3 : accordingly, this bail application is closed without prejudice to the right of the petitioners to invoke their statutory remedy in view of the fact that the offences are bailable. sd/- ziyad rahman a.a. judge ncd :4 : appendix of bail appl. 3115/2023 petitioner annexures annexure a1 a true copy of the fir in crime no. police station, thrissur district.annexure a2 a true copy of the complaint dated annexure a3 a true copy of the complaint dated annexure a4 a true copy of the complaint dated annexure a5 a true copy of the writ petitionnumbered as wp© 12302/2023. annexure a6 a true copy of the case status of the writ petition numbered as wp©

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 25TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 BAIL APPL. NO. 3115 OF 2023 CRIME NO.29/2023 OF THRISSUR RURAL VANITHA POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3: 1 ARJUN, AGED 37 YEARS S/O HAREESH, KALLINGAPURAM HOUSE, KADUPPASSERY VILLAGE, THOMMANA DESOM, KADUPPASSERY P O, 2 REKHA, AGED 34 YEARS W/O ARJUN, KALLINGAPURAM HOUSE, KADUPPASSERY VILLAGE, THOMMANA DESOM, KADUPPASSERY P.O, 3 SUJA, AGED 34 YEARS WIFE OF SHERIN, SARASWATHY MANDIRAM, KOLLAM, PIN - 691020 BY ADVS. JITHIN BABU A CLETUS THOTTAPILLY ARUN SAMUEL RESPONDENT/STATE OF KERALA: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ADV SEETHA S- PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :

ORDER

Dated this the 25th day of May, 2023 This application is submitted by the petitioners who apprehend arrest in connection with the investigation of crime No.29/2023 of Thrissur Rural Vanitha Police Station. The offences alleged against the petitioners are under Sections 354(D)(1), 448, 294(b) and 506 of the Indian Penal Code.

2. The learned counsel for the petitioners submits that,

even though the offences mentioned in the F.I.R. are bailable, the petitioners were constrained to submit this application for anticipatory bail as the petitioners apprehend incorporation of certain non bailable offences also.

3. Today, when the matter came up for consideration, the

learned Public Prosecutor upon instructions submitted that, no non bailable offences are incorporated in the case. In view of the fact that, the offences in the crime registered against the petitioners are bailable, this application is not maintainable. :3 : Accordingly, this Bail Application is closed without prejudice to the right of the petitioners to invoke their statutory remedy in view of the fact that the offences are bailable. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :4 : APPENDIX OF BAIL APPL. 3115/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. POLICE STATION, THRISSUR DISTRICT.

Annexure A2       A TRUE COPY OF THE COMPLAINT DATED
Annexure A3       A TRUE COPY OF THE COMPLAINT DATED
Annexure A4       A TRUE COPY OF THE COMPLAINT DATED
Annexure A5       A TRUE COPY OF THE WRIT PETITION

Same Court & Year Kerala Orders · 2023 Same Parties ARJUN, vs State of Kerala, Same Judge Honourable Mr.Justice Ziyad Rahman a.a.