In a bail application, the High Court observed that the petitioner had not been arraigned as an accused since no arrest had taken place. The court ordered that notice be issued for any future enquiry required and closed the application.
Notice to be issued for any enquiry if required; application closed.
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 P.UBAID
TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938
Bail Appl..No. 5382 of 2016 ()
CRIME NO. 807/2016 OF GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT
PETITIONER/ACCUSED NO 2:
SANDHYA JAYAN, W/O.JAYAN, AGED 38 YEARS, AMBATT VEEDU, 10TH MILE, VALARA KARA, VALARA P.O, ADIMALY, IDUKKI DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S)/STATE & COMPLAINANT.:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT.
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.UBAID, J.
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B.A No.5382 of 2016
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Dated this the 16th August, 2016
O R D E R
The petitioner herein seeks pre-arrest bail in Crime No.807 of 2016 of the Gandhinagar East Police Station registered under Sections 406, 408, 418 and 420 of the Indian Penal Code. Now there is police report that the petitioner has not so far been arraigned as accused in the crime, and so there is no question of she being arrested as accused in the crime. This report is recorded. However, it is ordered that in case the presence of the petitioner is required for any enquiry in connection with the crime, notice as prescribed under the law shall be given to the petitioner. With such a direction, this application is closed.
ma
Sd/P.UBAID JUDGE /True copy/ P.S to Judge
2 issues framed by the court
Whether pre-arrest bail can be granted when the petitioner has not been arraigned as an accused.
Whether the petitioner needs to be summoned for the inquiry.
1 provisions across 1 enactments
SANDHYA JAYAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
