The High Court of Kerala disposed of a bail application pending since February 2022 by directing the Investigating Officer to issue notice under Section 41A of CrPC, as the petitioner remained unextraited.
Directive to IO to issue notice to petitioner under Section 41A of CrPC.
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.
BA No.1386 of 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
BAIL APPL. NO. 1386 OF 2022
CRIME NO.83/2022 OF NEDUMBASSERY POLICE STATION, Ernakulam
PETITIONER:
NISHAD K A AGED 43 YEARS
SON OF ALI MOHAMMED, PRINCE ROSE APARTMENT, FLAT NO.4D, 4TH FLOOR, SARGAM ROAD, NEAR MULLUDAH, DESOM ERNAKULAM, PIN - 683102
BY ADV M.M.ABDUL RAHIMAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR.PP.K.P.HARISH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.1386 of 2022
2
V.G.ARUN J.
B.A.No.1386 of 2022
-------------------------------- Dated this the 11th day of June 2024
O R D E R
The petitioner is the accused in Crime No. 83 of 2022 registered at the Nedumbassery Police Station alleging commission of offence under Section 498A IPC. This Bail Application is pending without any interim order from 18/02/2022 onwards.
In such circumstances, the Bail Application is disposed of directing the Investigating Officer to issue notice to the petitioner under Section 41A of Cr.P.C, if any crime is registered against him based on the allegations mentioned in the Bail Application and the petitioner has so far not been questioned.
Sd/-
V.G.ARUN JUDGE
dpk
1 issue framed by the court
Whether the bail application pending since 2022 should be disposed of given that the petitioner has not been questioned yet.
2 provisions across 2 enactments
Nishad K A
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
