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N.R Johnson vs State of Kerala

N.R Johnson vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 30, 2020
~2 min read
https://sooperkanoon.com/case/1811021

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./6729/2020

Parties & Advocates

Appellant / Petitioner

N.R Johnson

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice ashok menon friday, the 30th day of october 2020 / 8th karthika, 1942 crime no./0 of perumbavoor police station , ernakulam petitioner/s: n.r johnson aged 50 years angamaly p.o ernakulam, 683575. by adv. sri.k.r.vinod respondent/s: 1 state of kerala represented by public prosecutor,high court of kerala, ernakulam - 682031. 2 deputy superintendent of police 3 circle inspector of police 4 sub inspector of police perumbavoor 5 n.p george, aged 60 years rayonpuram p.o vallom, perumbavoor r1 by public prosecutor other present: sri.c.n.prabhakaran -sr pp this bail application having come up for admission on 30.10.2020, the court on the same day passed the following:o r d e rdated this the 30th day of october 2020 application for anticipatory bail the applicant has again approached this court stating that this court had disposed of ba no.5118/2020 directing that the applicant may not be arrested until notice under section 41a cr.pc is served on him in case he is implicated in a crime, involving a non-bailable offence. the applicant states that the police have again approached him to appear before them without even serving a notice under section 41a cr.pc. hence, he has approached this court for anticipatory bail.2. the learned public prosecutor, under instructions, submits that crime no.1720/2020 has been registered against the applicant and others for offences punishable under sections 447 and 506(i) ipc. therefore, notice under section 41a cr.pc was not issued because they are bailable offences. the apprehension of the applicant that he may be arrested for a non-bailable offence is, therefore, misplaced. in the result, the bail application is disposed ofwith a direction to the applicant to cooperate with the investigation and in case he is arrested for a bailable offence, he is entitled to be released on bail as per the law. sd/- ashok menon judge jg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 CRIME NO./0 OF Perumbavoor Police Station , Ernakulam PETITIONER/S: N.R JOHNSON AGED 50 YEARS ANGAMALY P.O ERNAKULAM, 683575. BY ADV. SRI.K.R.VINOD RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM - 682031. 2 DEPUTY SUPERINTENDENT OF POLICE 3 CIRCLE INSPECTOR OF POLICE 4 SUB INSPECTOR OF POLICE PERUMBAVOOR 5 N.P GEORGE, AGED 60 YEARS RAYONPURAM P.O VALLOM, PERUMBAVOOR R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SRI.C.N.PRABHAKARAN -SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 30th day of October 2020 APPLICATION FOR ANTICIPATORY BAIL The applicant has again approached this Court stating that this Court had disposed of BA No.5118/2020 directing that the applicant may not be arrested until notice under Section 41A Cr.PC is served on him in case he is implicated in a crime, involving a non-bailable offence. The applicant states that the Police have again approached him to appear before them without even serving a notice under Section 41A Cr.PC. Hence, he has approached this Court for anticipatory bail.

2. The learned Public Prosecutor, under instructions, submits that Crime No.1720/2020 has been registered against the applicant and others for offences punishable under Sections 447 and 506(i) IPC. Therefore, notice under Section 41A Cr.PC was not issued because they are bailable offences. The apprehension of the applicant that he may be arrested for a non-bailable offence is, therefore, misplaced. In the result, the bail application is disposed of

with a direction to the applicant to cooperate with the investigation and in case he is arrested for a bailable offence, he is entitled to be released on bail as per the law. Sd/- ASHOK MENON JUDGE jg

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