In this anticipatory bail application, the court found the apprehension of arrest misplaced as no crime was registered. The application was disposed of by directing non-arrest without notice under Section 41A Cr.P.C. if registration occurs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 23RD DAY OF JULY 2020 / 1ST SRAVANA, 1942 Bail Appl..No.4059 OF 2020
CRIME NO./0 OF Ernakulam Central Police Station , Ernakulam
PETITIONER/S:
1 MR. JOSHY JOSEPH AGED 48 YEARS S/O.JOSEPH, DIRECTOR/PROMOTOR, M/S.INDCARB ACTIVATED CARBON PVT.LTD., 8/638, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD - 678 621, KERALA, INDIA, RESIDING AT PALLIYARADIYIL HOUSE, ASHADEEPAM CONVENT ROAD, VETTUKADU P.O., PUTHUR, THRISSUR- 680014. 2 JAYARAGHAVAN G. AGED 47 YEARS S/O.R.GOPALAKRISHNAN NAIR, SHARE HOLDER, M/S.INDCARB ACTIVATED CARBON PVT.LTD., 8/638, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD - 678 621, KERALA, INDIA, RESIDING AT KALYANI (6/991-B, TCRWA 72A), MAHABALI ENCLAVE,MEC ROAD, OPP. THRIKKAKARA TEMPLE, THRIKKAKARA, ERNAKULAM - 682 021. 3 ABDUL KAHAR V.M. AGED 48 YEARS S/O.V.A.MOHAMMED, SHARE HOLDER/DIRECTOR, M/S.INDCARB ATIVATED CARBON PVT.LTD., 8/638, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD - 678 621, KERALA, INDIA, RESIDING AT VALIYAPARAMBIL HOUSE, KONGORPILLY P.O., ERNAKULAM - 683 525.
B.A.No. 4059 of 2020
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4 MR.LOYD GEORGE LOPES AGED 52 YEARS S/O.ANTONY LOPES, SHARE HOLDER/DIRECTOR, M/S.INDCARB ATIVATED CARBON PVT.LTD., 8/638, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD - 678 621, KERALA, INDIA, RESIDING AT THUNDIPARAMBIL HOUSE, VADUTHALA P.O., MRA 34, COCHIN - 682023. 5 MR.RAJEEV S.S. AGED 53 YEARS S/O.SIVASANKARA PILLAI, SHARE HOLDER/DIRECTOR, M/S.INDCARB ATIVATED CARBON PVT.LTD., 8/638, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD - 678 621, KERALA, INDIA, RESIDING AT PRAMAVAM HOUSE, PATTIMATTOM P.O., PIN - 683 562.
6 MR.JOJO ANTONY C. AGED 40 YEARS S/O.ANTONY, SHARE HOLDER/DIRECTOR, M/S.INDCARB ATIVATED CARBON PVT.LTD., 8/638, NEW INDUSTRIAL DEVELOPMENT AREA, KANJIKODE, PALAKKAD - 678 621, KERALA, INDIA, RESIDING AT CHERAMANTHURUTHY HOUSE, GOHTHURUTH P.O., PIN - 683 516.
BY ADV. SMT.O.A.NURIYA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 682031
2 INSPECTOR GENERAL OF POLICE AND STATE POLICE CHIEF STATE POLICE HEAD QUARTERS, COMMISSIONERATE, MARINE DRIVE,ERNAKULAM - 682 031.
OTHER PRESENT:
SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 4059 of 2020
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ASHOK MENON, J.
===================
B.A.No. 4059 of 2020
====================== Dated this the 23rd day of July, 2020
O R D E R
APPLICATION FOR ANTICIPATORY BAIL
The applicants apprehending arrest in an unknown crime, allegedly registered in Central Police Station, Ernakulam, have approached this Court for pre arrest bail. Under instructions, the learned Public Prosecutor submits that no crime has yet been registered against the applicants at the
Central Police Station. Hence, the apprehension of arrest is misplaced.
In the result, the application is disposed of with a direction to the SHO, Central Police Station, Ernakulam not to arrest the applicants without serving notice on them under Section 41A of Cr.P.C. in case a crime is registered against them in that Police Station.
Sd/ASHOK MENON JUDGE
LU
1 provisions across 1 enactments
Mr. Joshy Joseph, Jayaraghavan G., Abdul Kahar V.M., Mr. Lloyd George Lopes, Mr. Rajeev S.S., Mr. Jojo Antony C.
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
