Anticipatory bail application dismissed as applicants were not arraigned. Court directed police not to arrest unless Section 41A notice served after arraignments.
Applicants not to be arrested until served notice under Section 41A Cr.P.C upon being implicated as accused.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
Bail Appl..No.6469 OF 2020
CRIME NO.1584/2020 OF CHENGANNOOR POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED:
1 MITHUL MOHAN, AGED 26 YEARS, KAIPASSERIL HOUSE, AREEKARA P.O., CHENGANNUR, ALAPPUZHA PIN-689505
2 AROMAL SATHEESH, AGED 24 YEARS, CHANACHERIL THEKKATHIL, KARAKAKD P.O., CHENGANNUR, ALAPPUZHA PIN-689505
BY ADV. SRI.SHABU SREEDHARAN
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031
OTHER PRESENT:
SRI.C.N.PRABHAKARAN – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6469 OF 2020
2
ORDER
Dated this the 04thday of November, 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicants anticipate arrest in Crime No.1584 of 2020
of Chengannoor Police Station, Alappuzha, for having allegedly
committed offences punishable under Sections 395, 326 and 447 of
the IPC and therefore, seek anticipatory bail. The learned Public
Prosecutor under instructions submits that offences under Sections
395and 326 IPC have been deleted and an offence under Section 452
of the IPC has been subsequently incorporated. However, the
applicants are not yet arraigned as accused in the said crime and
therefore, the apprehension of arrest is misplaced.
Considering the submissions made by the learned Public
Prosecutor, the application for anticipatory bail is disposed of with a
direction that the applicants shall not be arrested until served with a
notice under Section 41A Cr.P.C, in case they are implicated as
accused in the aforesaid crime.
Sd/-
ASHOK MENON
JUDGE
NR/04/11/20
1 issue framed by the court
Whether anticipatory bail application can be disposed of when the applicants are not yet arraigned as accused.
3 provisions across 2 enactments
Mithul Mohan
Aromal Satheesh
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court