Harshad.J.R v. State of Kerala
Case brief
What is this about?
Bail petition filed by three petitioners apprehending arrest on a complaint of matrimonial cruelty. Court found no complaint received or crime registered. Apprehension deemed unfounded.
Bail petition filed by three petitioners apprehending arrest on a complaint of matrimonial cruelty. Court found no complaint received or crime registered. Apprehension deemed unfounded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 4TH DAY OF DECEMBER 2013/13TH AGRAHAYANA, 1935
Bail Appl..No. 5657 of 2013
(CRIME NUMBER NOT KNOWN TO THE PETITIONERS - POTHENCODU POLICE STATION, THIRUVANANTHAPURAM)
PETITIONERS:
1. HARSHAD.J.R., AGED 33 YEARS, S/O.ABDUL JALEEL, J.R.VILLA, THAIKKAVUVILA, KALLOOR, THIRUVANANTHAPURAM.
2. RASHEEDA, AGED 52 YEARS, W/O.ABDUL JALEEL, R.S.NIVAS, J.R.VILLA, THAIKKAVUVILA, KALLOOR, THIRUVANANTHAPURAM.
3. ABDUL JALEEL,
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NUMBER NOT KNOWN OF POTHENCODU POLICE STATION, THIRUVANANTHAPURAMDISTRICT - PIN -695 001.)
2. SUB INSPECTOR OF POLICE,
3. REHINA S.R., AGED 27 YEARS,
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
THOMAS P. JOSEPH, J.
========================= Bail Application No.5657 of 2013 ============================ Dated this the 4th day of December, 2013
O R D E R
Petitioner apprehends arrest by the Pothencode police and has filed this application.
apprehended arrest on a complaint preferred by the 3rd respondent alleging matrimonial cruelty.
report submitted by the Station House Officer concerned, no such complaint is received nor any crime registered by the Pothencode police.
Having regard to the above, apprehension of the petitioner as it now stands is unfounded.
Application is dismissed.
Sd/-
THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
2 issues framed by the court
Whether to grant bail to the petitioners apprehending arrest on a complaint of matrimonial cruelty.
Whether the apprehension of arrest is founded on a received complaint and registered crime.
HARSHAD.J.R.
RASHEEDA
ABDUL JALEEL
STATE OF KERALA
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court