Bail applicant alleged police harassment despite not being formally accused. Court held that since the petitioner is not an accused, bail is not applicable and directed issuance of a Section 41A CrPC notice.
Notice under Section 41A CrPC to be issued to the petitioner instead of granting bail.
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
FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937
Bail Appl..No. 513 of 2016 ()
CRIME NO. 3/2016 OF THENHIPALAM POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:
SARJAS, AGED 28 YEARS S/O.MOHAMMED, KARUVAKUNNAN HOUSE, VADAKKUMURI URNGATTIRI P.O., ARECODE VIA, ERNAD TALUK MALAPPURAM DISTRICT.
BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031.(CRIME NO.3/2016 OF THENJIPPALAM POLICE STATION MALAPPURAM DISTRICT)
BY PUBLIC PROSECUTOR SMT. V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SKV
SUNIL THOMAS, J.
=================== B.A. No.513 of 2016
======================= Dated this the 29th day of January, 2016
ORDER
When the matter was taken up, the learned Public Prosecutor on instructions submitted that the petitioner is
not arrayed as an accused at present and is only a suspect. The learned counsel for the petitioner submitted that the police from the concerned police station is approaching him almost everyday.
In the light of the above submission, if the presence of the petitioner is required in connection with any complaint, notice under Section 41Aof the Code of Criminal Procedure may be issued to him.
SUNIL THOMAS, JUDGE
SKV
1 issue framed by the court
Whether notice under Section 41A CrPC may be issued when the petitioner is a suspect but not yet arrayed as an accused.
1 provisions across 1 enactments
Sarjas
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
