Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 BAIL APPL. NO. 5255 OF 2023 PETITIONERS
1 D.VINOD KUMAR AGED 51 YEARS SON OF CHOYI, RESIDING AT CHINNULAL HOUSE, BEDAKAM VILLAGE, KUNDAMKUZHI POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671541 2 GANGADHARAN NAIR P AGED 67 YEARS S/O.KUNHAMBU NAIR, RESIDING AT KRISHNAPURAM HOUSE, POOCHAKKAD VALAPPU, NEDUVOTTUPARA, PERIYA, HOSDURG TALUK, KASARAGOD DISTRICT, PIN - 671316 BY ADVS. T.MADHU C.R.SARADAMANI RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL
RESPONDENTS 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER BEDAKAM POLICE STATION, KASARAGOD DISTRICT, PIN - OTHER PRESENT: SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- B.A. No.5255 of 2023 ------------------------------------------------------ Dated this the 25th day of September , 2023.
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail.
2. Today, when the matter is taken up for consideration,
the learned Public Prosecutor submits that no crime has been registered against the petitioner till date. The learned Public Prosecutor has also made available a statement which reads as follows: “ After the registration of the case in Cr.No.282/23 u/s. 420 IPC & Sec.3 r/w 21(1)(2), 5 r/w 23 of the BUDS Act-2019 dated 08.05.2023, no petition has been received in Bedakam Police Station against the petitioners and no case registered against them. In such circumstances, this Bail Application is closed. It is made clear that if the presence of the petitioner is wanted in connection with this case, the Investigating Officer shall issue notice under Section 41A of Cr. P.C. if the alleged offence is punishable with an imprisonment of less than seven years. Sd/- MOHAMMED NIAS C.P smm JUDGE APPENDIX OF BAIL APPL. 5255/2023 PETITIONER ANNEXURES Annexure-A1 THE TRUE COPY OF THE NIDHI RULES 2014 NOTIFIED BY THE MINISTRY OF CORPORATE AFFAIRS, GOVERNMENT OF INDIA ON