The High Court disposed of an anticipatory bail application as redundant since the investigation was complete and a charge sheet was filed, directing the petitioner to seek regular bail.
Anticipatory Bail application disposed holding it redundant after charge sheet filing; liberty granted for regular bail remedies.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
Bail Appl..No.597 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 28/2019 DATED 14-01-2019 OF DISTRICT COURT & SESSIONS COURT,THALASSERY
CRIME NO.185/2018 OF Payyannur Police Station , Kannur
PETITIONER/ACCUSED:
DIBU K.JOHN AGED 48 YEARS S/O.JOHN, KAKKANAD HOUSE, PAYYAVOOR P.O, KANDAKASSERY, KANNUR-670 633
BY ADV. SRI.P.B.AJOY
RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY SHO OF PAYYAVOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 MINIMOLE ROSAMMA W/O. ALEX JACOB, ERAMANGALATH HOUSE, VAYAKKARA, CHERUPUZHA P.O, KANNUR-670 511
BY ADVS.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 597 of 2019
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ALEXANDER THOMAS, J.
B.A. No. 597 of 2019
Dated this the 6th day of November, 2019
O R D E R
The petitioner herein has been arrayed as the sole accused in the instant Crime No.185 of 2018 of Payyavoor Police Station, Kannur, which has been registered for offences punishable under Sec.420 of IPC. The said crime has been registered on 05-10-2018 on the basis of the F.I Statement given by the lady defacto complainant.
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B.A. No. 597 of 2019
out by the Prosecutor that the plea of the petitioner for granting anticipatory bail on the premise that he would be arrested in relation to the investigation in the said crime is unfounded and has become redundant and that it is for the petitioner to move for grant of bail before the competent criminal Court concerned after he receives summons pursuant to the taking of cognizance in such case by the Court concerned.
Accordingly the application stands disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
KAS
1 issue framed by the court
Whether anticipatory bail is maintainable after the charge sheet is filed and the petition becomes irrelevant.
Dibu K.John
State of Kerala
Minimole Rosamma
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
