An application for anticipatory bail in an unknown crime was disposed of. The court noted that the offences charged were bailable, leading to rejection of bail and direction to surrender.
Application disposed of with direction to the 1st applicant to surrender before the jurisdictional Court and apply for regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 06TH DAY OF OCTOBER 2020 / 14TH ASWINA, 1942
Bail Appl.No.5149 OF 2020
UNKNOWN CRIME OF Koipuram Police Station, Pathanamthitta
PETITIONER/S:
1 VIPIN KUTTAPPAN, AGED 31 YEARS, THOLLAYIRAM VAZHIYIL, VENNIKKULAM P.O, MEMALA, PATHANAMTHITTA – 689544.
AGED 57 YEARS,
THOLLAYIRAM VAZHIYIL, VENNIKKULAM P.O,
MEMALA, PATHANAMTHITTA – 689544.
3 SUBIN KUTTAPPAN, AGED 27 YEARS, THOLLAYIRAM VAZHIYIL, VENNIKKULAM P.O,
MEMALA, PATHANAMTHITTA – 689544.
4 RATHEESHKUMAR K., AGED 28 YEARS,
PULPRA, VENNIKKULAM P.O,PATTAKKALA – 689544.
PALAVALLI, VENNIKKULAM P.O,PATTAKKALA – 689544.
MEMALA – 689544.
BY ADV. SRI.T.P.PRADEEP
Bail Appl.No.5149 OF 2020
2
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
OTHERS PRESENT:
SRI.C.N.PRABHAKARAN, SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.5149 OF 2020
3
O R D E R
Dated this the 6th day of October 2020
The applicants have approached this Court seeking
anticipatory bail apprehending arrest in an unknown crime purportedly registered in Koipuram Police Station, Pathanamthitta for a non-bailable offence.
The learned Public Prosecutor, under instructions, submits that Crime No.2116/2020 of Koipuram Police Station has been registered for offences punishable under Sections 294(b), 447 and 506(i) read with Section 34 of the I.P.C. against the 1st accused and two
others. The above offences are bailable, hence the apprehension of arrest is out of place.
In the result, the application is disposed of with a direction to the 1st applicant to surrender before the jurisdictional Court and apply for regular bail.
Sd/-
ASHOK MENON
JUDGE
dkr
1 issue framed by the court
Whether anticipatory bail is maintainable when charges are for offences punishable under Sections 294(b), 447 and 506(i) IPC which are bailable.
VIPIN KUTTAPPAN
KUTTAPPAN
SUBIN KUTTAPPAN
RATHEESHKUMAR K.
JERIN JOSEPH
AKASH P.
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
