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Arjun vs State of Kerala

ARJUN vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 02, 2023
~2 min read
https://sooperkanoon.com/case/1360504

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./3958/2023

Parties & Advocates

Appellant / Petitioner

ARJUN

Respondent

State of Kerala

Excerpt

b.a.no.3958/23 1in the high court of kerala at ernakulampresent the honourable mr.justice ziyad rahman a.a. friday, the 2nd day of june 2023 / 12th jyaishta, 1945 bail appl. no. 3958 of 2023 petitioner/2nd accused: arjun, aged 39 years, s/o.hyness, 10d, sfs iris flat, n.h bypass road, karimanal p.o., attiprava village, thiruvananthapuram, pin - 691 583. by adv.latheesh sebastian respondent/state: state of kerala, represented by public prosecutor, high court of kerala, pin - 682 031. by sri.c.s.hrithwik -sr.public prosecutor this bail application having come up for admission on 02.06.2023, the court on the same day delivered the following: b.a.no.3958/23 2orderthis application for anticipatory bail submitted by the petitioner as he apprehends arrest in connection with the investigation of crime no.2 of 2023 of cyber crime police station, kollam city.2. today, when the matter came up for consideration, the learned public prosecutor upon instruction submitted that, the petitioner is no so far arrayed as an accused in this case, buthe is only a suspect. section 41a cr.p.c. notice has been given to him. however, he did not appear so far. after consideration of the relevant aspects, i am of the view that since the petitioner is not implicated as an accused, prayer for anticipatory bail need not be considered. in such circumstances, this application is closed recording the submission of the learned public prosecutor. the presence of the petitioner shall be ensured by the investigation officer after issuing further notice under section 41a cr.p.c and on receipt of the same, petitioner shall cooperate with the investigation. sd/- ziyad rahman a.a. judge dg/3.6.23 b.a.no.3958/23 3 appendix of bail appl. 3958/2023 petitioner annexures annexure1 citizen copy of the fir in crime no.2/2023 of cyber crime police station, kollam city, kollam district annexure2 true copy of the order of this hon'ble court in b.a no 1583/2023 dated 06.03.2023

Full Judgment

B.A.No.3958/23 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 2ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 BAIL APPL. NO. 3958 OF 2023 PETITIONER/2nd ACCUSED: ARJUN, AGED 39 YEARS, S/O.HYNESS, 10D, SFS IRIS FLAT, N.H BYPASS ROAD, KARIMANAL P.O., ATTIPRAVA VILLAGE, THIRUVANANTHAPURAM, PIN - 691 583. BY ADV.LATHEESH SEBASTIAN RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. BY SRI.C.S.HRITHWIK -SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3958/23 2

ORDER

This application for anticipatory bail submitted by the petitioner as he apprehends arrest in connection with the investigation of Crime No.2 of 2023 of Cyber Crime Police Station, Kollam City.

2. Today, when the matter came up for consideration, the learned Public Prosecutor upon instruction submitted that, the petitioner is no so far arrayed as an accused in this case, but

he is only a suspect. Section 41A Cr.P.C. notice has been given to him. However, he did not appear so far. After consideration of the relevant aspects, I am of the view that since the petitioner is not implicated as an accused, prayer for anticipatory bail need not be considered. In such circumstances, this application is closed recording the submission of the learned Public Prosecutor. The presence of the petitioner shall be ensured by the investigation officer after issuing further notice under Section 41A Cr.P.C and on receipt of the same, petitioner shall cooperate with the investigation. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/3.6.23 B.A.No.3958/23 3 APPENDIX OF BAIL APPL. 3958/2023 PETITIONER ANNEXURES Annexure1 CITIZEN COPY OF THE FIR IN CRIME NO.2/2023 OF CYBER CRIME POLICE STATION, KOLLAM CITY, KOLLAM DISTRICT Annexure2 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN B.A NO 1583/2023 DATED 06.03.2023

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