Disposed

Ashok Kumar R.S., v. State of Kerala

Kerala HC3 Aug 2020Bail Appl./3930/2020

Case brief

AI extract

What is this about?

The Court disposed of an anticipatory bail application as no crime was registered against the petitioner. Directions were issued to local police to arrest only if a notice under Section 41A Cr.P.C. is served upon registration of a crime.

What did the court decide?

Direction to Station House Officer, Ponkunnam Police Station not to arrest unless Section 41A notice is served if crime is registered.

Ashok Kumar R.S., Vs State of Kerala — Anticipatory Bail | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942

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Bail Appl.No.3930 OF 2020

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UNKNOWN CRIME OF Ponkunnam Police Station, Kottayam

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PETITIONER/S:

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ASHOK KUMAR R.S., AGED 50 YEARS, S/O. P.V. SUKUMARAN, RAJALAYAM (H), PONKUNNAM P.O., PIN-686506.

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BY ADV. SRI.LIJI.J.VADAKEDOM

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE CIRCLE INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, KOTTAYAM DISTRICT-686506.

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3 THE SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, KOTTAYAM DISTRICT-686506.

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.3930 of 2020

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-2-

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ASHOK MENON, J. -----------------------------------B.A. No. 3930 of 2020

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Dated this the 3^rd day of August, 2020

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O R D E R

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This is an application for anticipatory bail under Section 438 of Cr.P.C.

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The petitioner apprehends arrest in a crime allegedly registered in Ponkunnam Police Station, and therefore, he approaches this Court for anticipatory bail.

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The learned Public Prosecutor, under instructions, submits that no crime has been registered against the petitioner till date. It is also stated that a petition was filed, which was inquired into and the matter was undertaken to settle by the parties and hence no crime was registered against the petitioner. The apprehension of the petitioner that he would be arrested is misplaced. Under the above circumstances, the Bail Application is disposed of with a direction to the Station House Officer, Ponkunnam Police Station not to arrest the petitioner unless a notice under Section 41A is served upon him in case a crime is registered against him.

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Sd/ASHOK MENON

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JUDGE

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dkr

Ashok Kumar R.S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashok Kumar R.S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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