This is a brief bail order where the High Court closed the petition because the Public Prosecutor submitted that the accused were not arrayed in crime and the case was falsely instituted by the de facto complainant.
The petition is closed as both petitioners were not arrayed in crime and the case was falsely instituted.
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 SUNIL THOMAS
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
Bail Appl..No. 1064 of 2016
CRIME NO. 1756/2015 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT.
PETITIONER(S)/ACCUSED:
1. JAYAPRAKASAN G., AGED 35 YEARS, S/O.GANGADHARAN, RESIDING AT
2. SURESH M, AGED 43 YEARS, S/O.MURUGAN, RESIDING AT NEW HOUSE,
BY ADV. SMT.GIRIJA.L.
RESPONDENT/STATE:
THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, TOWN SOUTH POLICE STATION, PALAKKAD, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
SUNIL THOMAS, J.
B.A.No.1064 of 2016
Dated this the 3rd day of March, 2016
ORDER
When the matter was taken up, the learned Public Prosecutor on instructions submitted that the petitioners are not arrayed in crime and on investigation, it appeared that it was a false case instituted by the de facto complainant as a sequel to a crime registered against him. The learned Public Prosecutor also submitted that the investigating agency proposes to file a refer report. This is recorded. Having regard to this fact the petition is closed.
Sd/-
SUNIL THOMAS, JUDGE
AD
//TRUE COPY//
P.A. TO JUDGE
JAYAPRAKASAN G.
SURESH M
THE STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
