P.K. Vijayan Nair Vs. the Circle Inspector - Court Judgment

SooperKanoon Citationsooperkanoon.com/1018441
CourtKerala High Court
Decided OnJul-09-2013
JudgeHONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
AppellantP.K. Vijayan Nair
RespondentThe Circle Inspector
Excerpt:
in the high court of keralaat ernakulam present: the honourable mr. justice babu mathew p.joseph tuesday, the 9th dayof july2013/18th ashadha, 1935 bail appl..no. 4405 of 2013 ------------------------------- crime no. 894/2013 of pathanamthittapolice station, pathanamtitta petitioner/accused --------------------------------- p.k. vijayan nair. aged 5 years s/o.damodaran nair, mannathu house kattoor muri & p.o., ranni taluk, ernakulam district. by advs.sri.v.sethunath sri.s.justus respondents/complainants/state -------------------------------------------------------- 1. the circle inspector, pathanamthittapolice station, pin ”645. 2. stateof kerala, represented by the public prosecutor high court of kerala, ernakulam, pin ”031. by public prosecutor smt. m.t. sheeba this bail application having come up for admission on 09-07-2013, the court on the same day passed the following: babu mathew p. joseph, j.----------------------------------------------- b.a. no. 4405 of 2013 ----------------------------------------------- dated this the 9th day of july, 2013 order this petition is filed under section 438 of cr.p.c. for anticipatory bail.2. heard the learned counsel appearing for the petitioner and the learned public prosecutor appearing for the respondents.3. learned counsel for the petitioner submits that the petitioner apprehends arrest by pathanamthitta police on an accusation of having committed a non bailable offence. the petitioner has not committed any offence at all, he further submits. learned public prosecutor, on instructions, submits that the petitioner is not made an accused by the pathanamthitta police in any case so far. therefore, the apprehension of the petitioner that he would be arrested by pathanamthitta police has no basis. in view of the submissions so made by the learned public prosecutor, this petition does w.p. (c) no.4405 of 2013 -2- not survive. therefore, recording the submissions made by the learned public prosecutor, this petition is closed. sd/- babu mathew p. joseph judge kvr/ /true copy/ p.s. to judge
Judgment:

IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 9TH DAYOF JULY2013/18TH ASHADHA, 1935 Bail Appl..No. 4405 of 2013 ------------------------------- CRIME NO. 894/2013 OF PATHANAMTHITTAPOLICE STATION, PATHANAMTITTA PETITIONER/ACCUSED --------------------------------- P.K. VIJAYAN NAIR. AGED 5 YEARS S/O.DAMODARAN NAIR, MANNATHU HOUSE KATTOOR MURI & P.O., RANNI TALUK, ERNAKULAM DISTRICT. BY ADVS.SRI.V.SETHUNATH SRI.S.JUSTUS RESPONDENTS/COMPLAINANTS/STATE -------------------------------------------------------- 1. THE CIRCLE INSPECTOR, PATHANAMTHITTAPOLICE STATION, PIN ”

645.

2. STATEOF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN ”

031. BY PUBLIC PROSECUTOR SMT. M.T. SHEEBA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BABU MATHEW P. JOSEPH, J.

----------------------------------------------- B.A. No. 4405 of 2013 ----------------------------------------------- Dated this the 9th day of July, 2013 ORDER This petition is filed under Section 438 of Cr.P.C. for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioner submits that the petitioner apprehends arrest by Pathanamthitta police on an accusation of having committed a non bailable offence. The petitioner has not committed any offence at all, he further submits. Learned Public Prosecutor, on instructions, submits that the petitioner is not made an accused by the Pathanamthitta police in any case so far. Therefore, the apprehension of the petitioner that he would be arrested by Pathanamthitta police has no basis. In view of the submissions so made by the learned Public Prosecutor, this petition does W.P. (C) No.4405 of 2013 -2- not survive. Therefore, recording the submissions made by the learned Public Prosecutor, this petition is closed. Sd/- BABU MATHEW P. JOSEPH JUDGE kvr/ /True copy/ P.S. to Judge