Dismissed

Firozkhan @ Firoz v. State of Kerala

Kerala HC12 Mar 2008Bail Appl./1090/2008

Case brief

AI extract

What is this about?

This bail application was dismissed. The Court accepted the Public Prosecutor's undertaking that the petitioner would not be arrested if he produced a vehicle, finding the apprehension of arrest baseless. The Police undertook to provide prior notice if arrest becomes necessary later.

What did the court decide?

Application dismissed; apprehension of arrest found without basis; Police undertaking accepted.

Firozkhan @ Firoz Vs State of Kerala — Anticipatory Bail | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929

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Bail Appl..No. 1090 of 2008()

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----------------------------PETTAH POLICE STATION, TRIVANDRUM DISTRICT

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: PETITIONER/ACCUSED

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FIROZKHAN @ FIROZ, S/O.K.M.SHAMSUDHEEN, AGED 29 YEARS, KALARIKKAL HOUSE, NETTOOR P.O., MARADU, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.M.ZIRAJ

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RESPONDENTS: COMPLAINANT

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY CIRCLE INSPECTOR OF POLICE, PETTA POLICE STATION.

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BY PUBLIC PROSECUTOR SRI.S.U.NAZER

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.BASANT, J.

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B.A.No.1090 of 2008

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Dated this the 12^th day of March 2008

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O R D E R

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Application for anticipatory bail. In the application no crime number is mentioned; but the learned Public Prosecutor has clarified that the petitioner is required for interrogation in crime No.282/2005 of Vanchiyoor police station. Interim directions were issued on 27/2/2008. The petitioner, in complying with the interim directions, has already appeared before the investigating officer. It is submitted that he has undertaken to produce the vehicle before the investigating officer .

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The learned Public Prosecutor, in these

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circumstances, submits that the respondent/police does not now want to arrest the petitioner as accused in crime No.282/2005. The apprehension of the petitioner, at present, is without any basis. If he produces the vehicle as undertaken by him, the police will not want the petitioner to be arrested at all. In these circumstances, this petition may be dismissed, submits the learned Public Prosecutor.

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B.A.No.1090/08

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The learned Public Prosecutor, further undertakes that if the petitioner were to be arrested as accused in this crime later, prior notice shall be given to the petitioner herein and prior permission of this court shall be taken.

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The submissions and undertaking of the learned Public Prosecutor are taken note of and are hereby recorded. The same are accepted. The apprehension of the petitioner is, in these circumstances, found to be without any basis or merit.

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This bail application is accordingly dismissed.

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(R.BASANT, JUDGE)

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jsr

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// True Copy// PA to Judge

B.A.No.1090/08 3

B.A.No.1090/08 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007

Firozkhan @ Firoz v. State of Kerala

Case brief

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Firozkhan @ Firoz v. State of Kerala

Case brief

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