Petitioners sought anticipatory bail apprehending arrest for alleged cheating. The court rejected the plea, holding that since a complaint discloses a cognizable offence, it must be investigated and anticipatory bail cannot be entertained.
Application disposed of; request for anticipatory bail not entertained.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 5TH DAY OF DECEMBER 2013/14TH AGRAHAYANA, 1935
Bail Appl..No. 5777 of 2013 () -----------------------------CRIME NO. NOT KNOWN
PETITIONER/ACCUSED:
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1. A.R.AJITH, AGED 33 YEARS S/O. ANGAJAN, KAOUSALYA NAIVA, PANDAKASALA CHIRAYINKEEZHU.P.O., THIRUVANANTHAPURAM.
2. SAOUMYA AJITH, AGED 23 YEARS W/O. AJITH, KAOUSALYA NAIVA, PANDAKASALA CHIRAYINKEEZHU.P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN
RESPONDENTS/COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE SUB INSPECTOR OF POLICE CHIRAYNKEEZHU POLICE STATION, CHIRAYINKEEZHU, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULMA-682031.
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
THOMAS P. JOSEPH, J
B.A.No.5777 of 2013
Dated this the 5th day of December, 2013
ORDER
Petitioner apprehends arrest by the Chirayinkeezhu Police and has preferred this application.
also.
Application is disposed of accordingly.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS
2 issues framed by the court
Whether anticipatory bail should be granted when a complaint alleging cheating is received but no FIR is registered.
Whether the Chirayinkeezhu Police are required to investigate a cognizable offence disclosed by a receipted complaint.
A.R.AJITH
SAOUMYA AJITH
STATE OF KERALA
SUB INSPECTOR OF POLICE CHIRAYNKEEZHU
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
