Anticipatory bail application dismissed after prosecution submitted that petitioner was only interviewed as a witness and no material existed to suspect his involvement as an accused at the time.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 7TH DAY OF AUGUST 2019 / 16TH SRAVANA, 1941
BAIL APPL.NO.4004 OF 2019
CRIME NO.776/2016 OF KASABA POLICE STATION , PALAKKAD
PETITIONER/ACCUSED:
MUHAMMED SAGER, AGED 45 YEARS, S/O. KOCHU MOIDEEN, PURAKKULATH, S.N. PURAM, KODUNGALLUR.
BY ADVS.SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY, SRI.D.FEROZE
RESPONDENTS/STATE:
*** 1 STATE, REP. BY THE STANDING COUNSEL, DIRECTORATE OF REVENUE INTELLIGENCE, HIGH COURT OF KERALA, ERENAKULAM 682 031. (CRIME NO. 776 OF 2016 OF KASABA POLICE STATION, PALAKKAD DISTRICT) (CORRECTED)**
*** 2 SENIOR INTELLIGENCE OFFICER, KASABA POLICE STATION, PALAKKAD DISTRICT 678 001. (CRIME NO. 776/2016 OF KASABA POLICE STATION, PALAKKAD DISTRICT) (CORRECTED)**
THE NAME AND DESCRIPTION OF THE FIRST RESPONDENT, * “STATE OF KERALA, REPRESENTED BY THE STANDING COUNSEL, DIRECTORATE OF REVENUE INTELLIGENCE” AND SECOND RESPONDENT “SENIOR INTELLIGENCE OFFICER” OCCURING IN THE BAIL APPLICATION IS CORRECTED AND SUBSTITUTED AS “STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR” AND “STATION HOUSE OFFICER” RESPECTIVELY AS PER ORDER DATED 11.06.2019 IN CRL.M.A.NO.1/2019 IN BA.NO.4004/2019.
SRI.S.MANU, CGC, DIRECTORATE OF REVENUE INTELLIGENCE, KERALA REGIONAL UNIT. SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A. No. 4004 of 2019
Dated this the 7th day of August, 2019
O R D E R
The abovesaid anticipatory bail application has been filed by the petitioner on the premise that he is given to understand that the police authorities concerned are taking steps to array him as accused in Crime No.766/2016 of Palakkad Kasaba Police Station, and to arrest him, etc.
Now the learned Prosecutor would submit on the basis of instructions that the petitioner has been subjected to interrogation by the Investigating Officer concerned as a witness, and after the progress of investigation, if the Investigating Officer concerned gets any objective material to suspect the involvement of the suspect as accused in the abovesaid crime, then prior notice under Sec.41A of the Cr.P.C. be issued to him, and the matter will be proceeded further in accordance with law only thereafter .
Recording the abovesaid submission of the prosecution, the above anticipatory bail application will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
Muhammed Sager
State of Kerala
Alexander Thomas
As recorded by the court registry
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