Application for anticipatory bail where petitioner feared arrest under IPC sections 341, 506 and 353. Court directed provision of FIR copy for comprehensive filing and issued interim order restraining arrest for 10 days via prosecutor instructions.
Interim order restraining arrest and coercive steps against the petitioner for a period of 10 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941 Bail Appl..No. 2821 of 2019
PETITIONER/S:
SOUMYA D.,AGED 35 YEARS D/O.NAGAPPAN PILLAI, JANASAKTI NAGAR, PONGUMMOODU, THIRUVANANTHAPURAM.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENT/S:
1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (CRIME NO.UNKNOWN OF KAZHAKKOOTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT).
2 CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM POLICE STATION, THIRUVANANTHAPURAM - 695 582, (CRIME NO.UNKNOWN OF KAZHAKKOOTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT).
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A.No. 2821 of 2019
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Dated this the 20th day of May, 2019 O R D E R
The prayers in this application for anticipatory bail are as follows:
“.... to direct the respondents or the arresting officer to enlarge the petitioner on bail in the event of the arrest of the petitioner by the respondents or the arresting officer in connection with the allegations leveled against the petitioner by Reji George, Motor Vehicle Inspector, Sub Regional Transport Office, Kozhakkoottam, on such terms and conditions this Hon'ble Court deems fit.”
appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the respondent State.
B.A.2821/19 - : 3 :-
attested photocopy of the FIR and FI statement in relation to the abovesaid crime No.866/2019 of Kazhakkoottam Police Station is given to Sri.K.K.Dheerendra Krishnan, learned counsel appearing for the petitioner accused within one week and thereafter it is for the petitioner to file a comprehensive application in respect of the prayer for grant of anticipatory bail.
Sd/- ALEXANDER THOMAS, JUDGE
sdk+
B.A.2821/19 - : 4 :-
2 issues framed by the court
Whether the court can pass interim protection orders restraining arrest until the petitioner files a complete bail application after receiving the FIR copy.
Whether the investigating officer can be directed to defer the arrest and coercive steps for a period of 10 days.
SOUMYA D.
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
