Dismissed

Thomas Chacko v. State of Kerala

Kerala HC12 Jul 2016Bail Appl./3134/2016

Case brief

AI extract

What is this about?

In this anticipatory bail plea, the trial court observed that no criminal case was registered against the petitioner and no arrest was anticipated. The court held that police summoning a complainant for inquiry under Section 160 CrPC is part of their duty and does not justify granting anticipatory bail at this stage, disposing of the application.

What did the court decide?

The petition for anticipatory bail was disposed of without granting relief.

Thomas Chacko Vs State of Kerala — Bail and Remand | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938

¶5

Bail Appl.No.3134 of 2016 ()

¶6

------------------------------AGAINST THE ORDER IN Bail Appl. NO.2335/2015 OF HIGH COURT OF KERALA, DATED 22.07.2015

¶7

PETITIONER/ACCUSED:

¶8

THOMAS CHACKO, AGED 40 YEARS, S/O.CHACKO, PATTASSERIL HOUSE, VADAYAR VILLAGE, THALAYOLAPARAMBU.P.O, VAIKOM TALUK, KOTTAYAM DISTRICT.

¶9

BY ADV. SRI.J.ABHILASH

¶10

RESPONDENT/COMPLAINANT:

¶11

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

¶12

BY PUBLIC PROSECUTOR SRI.E.M.ABDUL KHADER

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

K.RAMAKRISHNAN, J.

¶16

B.A. No.3134 of 2016

¶17

Dated this the 12^th day of July, 2016

¶18

ORDER

¶19

This is an application for anticipatory bail filed by the petitioner anticipating arrest by Thalayolaparambu police of Kottayam District in connection with the non-bailable offence under section 438 of the Code of Criminal Procedure.

¶20

It is mentioned in the petition that on earlier occasions he filed Bail Application No.2335/2015 of same relief and that was disposed of by this court as per Annexure-A2 order recording the submission of the Public Prosecutor that there was no crime registered against the petitioner in that police station. But subsequently he is being harassed by the police asking him to appear before the police station, which prompted him to file this application.

¶21

When the application came up for hearing today, Sri.E.M.Abdul Khadir, learned senior Government Pleader entered appearance and submitted that there is no crime registered against the petitioner in the above police station but only a complaint has been received and they have no intention to arrest him. Since there is no crime registered against the petitioner involving a non-bailable offence pending in the Thalayolaparambu police station, the apprehension of the petitioner is that he is likely to be arrested in connection with a

¶22

B.A. No.3134 of 2016

¶23

¶24

non-bailable offence at this stage is without any basis. When a complaint is received, there is a duty cast in the police officer to enquire about the genuineness of the allegation made in the complaint, for that purpose, they may even summon the complainant to the police station, that is not a ground for granting anticipatory bail. If the presence of the petitioner is required, the Station House Officer, Thalayolaparambu police station shall issue notice under section 160 of the Code of Criminal Procedure for the purpose of enquiry on the complaint and then dispose of the complaint in accordance with law after complying with the directions given by the Apex Court in Arnesh Kumar v. State of Bihar and Another (2014(2) KLT 143). So the petitioner is not entitled to get anticipatory bail at this stage. With the above direction and observation the petition is disposed of.

¶25

Sd/- (K. Ramakrishnan, Judge)

¶26

//True Copy//

¶27

P.A. to Judge

¶28

Thomas Chacko v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas Chacko v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Thiruvanchoor Service Co-Operative Bank Ltd. Vs Joint Registrar of Co-Operative Societies

Georgekutty Kurian Vs State of Kerala

Joy Joseph Vs State of Kerala

Sanila Vs Sathyan

Gopinatha Pillai Vs Chandrasekhara Pillai

K C Joseph Vs P M Sebastian