Jayan Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1018359
CourtKerala High Court
Decided OnJul-08-2013
JudgeHONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
AppellantJayan
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice s.s.satheesachandran monday, the 8th day of july 2013 17th ashadha, 1935 bail appl..no. 4712 of 2013 () ------------------------------- against the order in crmc 848 2013 of ii addl.district court,ernakulam ------------------ petitioners: ------------ 1. jayan s/o. jacob, aged 50 polakkattu house k.k. road, chembumukku, kakkanad.2. p.m. mohammed aged 5 years, s/o. kakkarkunju, perayil house vattekkunnam, edapally north, kalamassery. by adv. smt.p.d.sheeja respondents: ------------ 1. state of kerala represented by the s.i of police kalamassery police station, public prosecutor high court of kerala, ernakulam.2. commissioner of police cochin city, ernakulam represented by public prosecutor high court of kerala.3. the d.i.g of police, ernakulam, represented by public prosecutor high court of kerala, ernakulam. by public prosecutor smt.r.rema this bail application having come up for admission on 08-07-2013, the court on the same day passed the following: vk s.s.satheesachandran, j.----------------------------------------------- b.a nos.4712 of 2013 ------------------------------------------------------- dated this the 8th day of july, 2013 order petitioners, two in number, seek anticipatory bail under section 438 of the code of criminal procedure alleging that even after passing of annexure a1 order by the learned sessions judge they still apprehend arrest after being implicated in a non-bailable offence. annexure a1 order was passed on their application apprehending arrest by police in a crime registered at kalamassery police station. but, when the petition was considered, representation was made by learned public prosecutor that no crime was registered and, on that basis, application was closed passing annexure a1 order. on the very same set of allegations raised in the petition giving rise to annexure a1 order petitioners have b.a no.4712 o”2. filed the present petition to seek such discretionary relief, is the submission of counsel. when annexure a1 order has been passed recording the submission made by public prosecutor, if there is any interference with such order, if that be the case, petitioner has to move sessions judge for appropriate relief. reserving his right to do so, present petition is closed. vdv s.s.satheesachandran, judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 8TH DAY OF JULY 2013 17TH ASHADHA, 1935 Bail Appl..No. 4712 of 2013 () ------------------------------- AGAINST THE ORDER IN CRMC 848 2013 of II ADDL.DISTRICT COURT,ERNAKULAM ------------------ PETITIONERS: ------------ 1. JAYAN S/O. JACOB, AGED 50 POLAKKATTU HOUSE K.K. ROAD, CHEMBUMUKKU, KAKKANAD.

2. P.M. MOHAMMED AGED 5 YEARS, S/O. KAKKARKUNJU, PERAYIL HOUSE VATTEKKUNNAM, EDAPALLY NORTH, KALAMASSERY. BY ADV. SMT.P.D.SHEEJA RESPONDENTS: ------------ 1. STATE OF KERALA REPRESENTED BY THE S.I OF POLICE KALAMASSERY POLICE STATION, PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

2. COMMISSIONER OF POLICE COCHIN CITY, ERNAKULAM REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.

3. THE D.I.G OF POLICE, ERNAKULAM, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK S.S.SATHEESACHANDRAN, J.

----------------------------------------------- B.A Nos.4712 of 2013 ------------------------------------------------------- Dated this the 8th day of July, 2013 ORDER Petitioners, two in number, seek anticipatory bail under Section 438 of the Code of Criminal Procedure alleging that even after passing of Annexure A1 order by the learned Sessions Judge they still apprehend arrest after being implicated in a non-bailable offence. Annexure A1 order was passed on their application apprehending arrest by police in a crime registered at Kalamassery Police Station. But, when the petition was considered, representation was made by learned Public Prosecutor that no crime was registered and, on that basis, application was closed passing Annexure A1 order. On the very same set of allegations raised in the petition giving rise to Annexure A1 order petitioners have B.A No.4712 o”

2. filed the present petition to seek such discretionary relief, is the submission of counsel. When Annexure A1 order has been passed recording the submission made by Public Prosecutor, if there is any interference with such order, if that be the case, petitioner has to move Sessions Judge for appropriate relief. Reserving his right to do so, present petition is closed. vdv S.S.SATHEESACHANDRAN, JUDGE