We disposed of the anticipatory bail application after recording that no crime has been registered. We directed that if the Station House Officer finds objective materials to implicate the petitioner, he must issue a notice under Section 41A Cr.P.C. before proceeding further.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 12TH DAY OF JUNE 2019 / 22ND JYAISHTA, 1941 Bail Appl..No. 1782 of 2018
(IN CRIME NO. NOT KNOWN OF PULIKKEEZH POLICE STATION, PATHANANTHITTA DISTRICT)
PETITIONER/ACCUSED:
MAHESH NAIR, S/O.HARIHARAN NAIR, AGED 36 YEARS,KARAVATTATHU SAI KRIPA, PARUMALA.P.O.,PATHANAMTHITTA DISTRICT.
BY ADV. SRI.P.VINODKUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1782 of 2018
2
ALEXANDER THOMAS, J.
=========================== B.A.No.1782 of 2018
===========================
Dated this the 12th day of June, 2019
ORDER
The above anticipatory bail application has been filed on the premise that the petitioner apprehends that some crime may have been registered at the Pulikkeezh Police Station, in which he has been arrived as an accused and that he is unaware about the details of the said crime, if registered. The learned Public Prosecutor would now submit on the basis of instructions of SHO concerned that so far no crime has been registered as against the petitioner in Pulikkeezh Police Station, etc. The abovesaid submission made on behalf of the respondent is recorded. However, it is ordered that in case, the SHO finds any objective materials to array the petitioner as the accused in a crime, then prior notice under Sec.41A of the Cr.P.C should be issued to him and thereafter the matter may be proceeded, in accordance with law.
With these observations and directions, the above bail application will stand disposed of.
Sd/-
ALEXANDER THOMAS JUDGE
vgd
2 issues framed by the court
Whether an anticipatory bail application should be disposed of when a crime has not yet been registered against the accused.
Whether a notice under Section 41A Cr.P.C. should be issued if objective materials emerge to implicate the accused in a crime.
1 provisions across 1 enactments
MAHESH NAIR
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
