In this anticipatory bail application, the petitioner apprehended registration of a non-bailable offence. The Court observed no crime was registered at the time and disposed of the application, directing issuance of a Section 41A CrPC notice if required.
Application disposed; direction to issue notice under Section 41A CrPC if presence is required.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943
BAIL APPL. NO. 364 OF 2022
PETITIONER/APPLICANT:
HAMZA KALLINGAL
AGED 60 YEARS
KALLINGAL, PORUR,
TŁRUR, MALAPPURAM,
POOKAYIL BAZAR,
KERALA, 676107, PIN - 676107
BY ADVS.
ATUL SOHAN
K.V.SOHAN
RESPONDENT/S:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2THE STATION HOUSE OFFICER
THE STATION HOUSE OFFICER,
KALPAKANCHERI POLICE STATION
KADUNGATHUKUNDU TOWN,
KALPAKANCHERY, KERALA 676551, PIN - 676551
BY ADV PUBLIC PROSECUTOR
ADV RENJITH -SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 364 OF 2022 2
ORDER
This is an application for anticipatory bail. This bail application was filed, apprehending that a crime alleging commission of non-bailable offences has been registered against the petitioner at the Kalpakanchery police station, Malappuram ditrict.
SD/-
GOPINATH P.
JUDGE
ajt
2 issues framed by the court
Whether leave to file an anticipatory bail application should be granted when no FIR has been registered.
Whether a notice under Section 41A CrPC should be issued in the event of a complaint against the applicant.
1 provisions across 1 enactments
HAMZA KALLINGAL
STATE OF KERALA
THE STATION HOUSE OFFICER
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court