The Court dismissed an anticipatory bail application filed by three accused persons who apprehended arrest by the Women Cell. The Public Prosecutor contended apprehension was unfounded as no case was registered. The Court held the application dismissed.
Bail application dismissed as apprehension of arrest was not founded on any registered case.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
Bail Appl..No. 999 of 2017
CRIME NUMBER NOT KNOWN TO THE PETITIONERS
PETITIONER(S)/RESPONDENTS :
1. FAISAL, AGED 35 YEARS,
2. KUNJIMOL, AGED 57 YEARS,
3. FATHIMA, AGED 45 YEARS, W/O. MOIDUNNY, RAVATTU HOUSE, P.O PERUMBADAPPU, D/O. KUNJIMON, KUNNAMBATH HOUSE, EDAKKARA DESOM & VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.
BY ADV. SRI.V.C.MADHAVANKUTTY
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING INSPECTOR OF POLICE WOMEN CEL, PALAKKAD DISTRICT
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K.ABRAHAM MATHEW, J.
--------------------------------------B.A.No.999 of 2017
Dated this the 16th day of March, 2017
O R D E R
Petition filed under Section 438 Cr.P.C.
be arrested by Women's Cell, Palakkad.
though the petition was received, no case has been registered against the petitioners and their apprehension is not reasonable. It appears that their apprehension is well founded.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd // True Copy //
P.A. to Judge
1 issue framed by the court
Whether anticipatory bail is maintainable when apprehension of arrest is founded on a non-existent case.
1 provisions across 1 enactments
Faisal
Kunjimol
Fathima
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
