Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 26TH DAY OF JUNE 2023 / 5TH ASHADHA, 1945 BAIL APPL. NO. 4606 OF 2023 PETITIONERS/ALLEGED ACCUSED :
1 MANIKANDAN AGED 55 YEARS S/O KRISHNAN NAIR, B-703, PANCHARATNA CO-OPERATIVE SOCIETY, ANDHERI EAST, MUMBAI, MAHARASHTRA, PIN - 400 037. 2 UDESH S.T., AGED 43 YEARS S/O SUKUMARAN NAIR, SUKU BHAVANAM, MALANCHUTTU, PARASUVAIKAL P.O, PARASUVAIKAL, THIRUVANANTHAPURAM, PIN - 695 008. BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN AVANEETH S.R. BHARATH VIJAYAN U.R.
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RANGE OFFICER PARUTHIPALLY, FOREST STATION PARUTHIPALLY , MANNOORKARA, THIRUVANANTHAPURAM - 695 574 PP SMT.NEEMA T.V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BECHU KURIAN THOMAS, J ......….................................. B.A.No.4606 of 2023 ….................................. Dated this the 26th day of June, 2023
ORDER
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners apprehend arrest in a crime before the Paruthipally Forest Range, Thiruvanathapuram District.
3. Smt.T.V.Neema, the learned Public Prosecutor, upon instructions, submitted that no crime has been registered against the petitioners as on date before the Paruthipally Forest Range, Thiruvanathapuram District.
4. The said submission is recorded.
5. Since as on date no crime has been registered against the petitioners, the apprehension of arrest does not subsist.
6. In view of the above, this bail application is closed. However,
in the event of petitioners being proceeded against for any crime before the Paruthipally Forest Range, Thiruvanathapuram District, necessarily the procedure under Section 41A of the Cr.P.C. shall be complied with. BECHU KURIAN THOMAS JUDGE AMV/26/06/2023