The High Court of Kerala allowed a bail application. The court observed that no FIR was registered and no arrest was required based on the police report. Consequently, the petitioners have no apprehension of arrest and the application is closed. Clauses 10(1) of the CrPC.
Bail application closed; no apprehension of arrest.
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
MONDAY, THE 2ND DAY OF DECEMBER 2013/11TH AGRAHAYANA, 1935
Bail Appl..No. 5872 of 2013
(CRIME NUMBER NOT KNOWN OF SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT)
PETITIONERS:
1. SAJAN SUNNY, AGED 42 YEARS, S/O.P.C SUNNY, PUTHUPALLY PARAMBIL, K.V THOMAS ROAD, AISWARYA NAGAR, THOPPUMPADY, KOCHI 682 005.
2. P.C SUNNY, AGED 73 YEARS, S/O.CHACKO, PUTHUPALLY PARAMBIL, K.V THOMAS ROAD, AISWARYA NAGAR, THOPPUMPADY, KOCHI 682 005.
3. ROSELY SUNNY, AGED 67 YEARS, W/O.P.C SUNNY, PUTHUPALLY PARAMBIL, K.V THOMAS ROAD, AISWARYA NAGAR, THOPPUMPADY, KOCHI 682 005.
BY ADVS.SRI.THOMAS T.VARGHESE
SRI.N.SASI SMT.T.M.BINITHA SRI. MICHAEL.M. WILSON
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
THOMAS P. JOSEPH, J.
========================= Bail Application No. 5872 of 2013 ============================ Dated this the 2nd day of December, 2013
O R D E R
Petitioners apprehended arrest possibly from any of the police stations in Kottayam District and has filed this application. Petitioner stated that father-in-law of the first petitioner preferred a complaint to the Superintendent of Police, Kottayam alleging ill-treatment of wife of the first petitioner.
B.A No.5872 of 2013
2
In the above circumstances, petitioners cannot have any apprehension of arrest now.
Hence this application is closed without prejudice to the petitioners moving again in case of any genuine apprehension of arrest in future.
Sd/-
THOMAS P.JOSEPH, JUDGE
//true copy//
P.A. to Judge
Smv
SAJAN SUNNY AND ORS.
STATE OF KERALA
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
