Petitioners sought anticipatory bail a second time, alleging police harassment over an alleged Kerala Public Service Commission forgery scam involving a civil police officer. No crime was registered against them; the court directed the police not to interfere with their peaceful living.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 16TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945
BAIL APPL. NO. 163 OF 2024
AGAINST THE JUDGMENT IN BAIL APPL. 3829/2023 OF HIGH COURT OF KERALA
PETITIONERS:
1 SHIMITHA.K.M, AGED 44 YEARS W/O NAUSHAD.A.K ANIKATH HOUSE, KOODAPUZHA, CHALAKKUDY, POTTA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN - 680307 2 NAUSHAD A.K. AGED 49 YEARS S/O M.K.KADER PILLAI ANIKATH HOUSE, KOODAPUZHA, CHALAKKUDY, POTTA VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN - 680307 BY ADVS. VARGHESE C.KURIAKOSE AMRITHA.J KURUVILLA MATHEW VIPIN C. VARGHESE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER, CHALAKKUDY POLICE STATION, CHALAKKUDY, THRISSUR DISTRICT, PIN - 680307
3 MEERA VENUGOPAL AGED 27 YEARS D/O P.VENUGOPAL, AMBATTU HOUSE, KAVARAMPARAMBU P.O. THRISSUR DISTRICT, PIN - 683572 4 RAGESH K.R. AGED 40 YEARS S/O RAJAN K.V., KEEDEY HOUSE, EMADAVAKKARA, CHITTISSERY P.O. THRISSUR, PIN - 680301 5 SHAMILA L.M. AGED 34 YEARS W/O SALAM, UMMATHOOR HOUSE, VELUPPADAM P.O. POUD 73, THRISSUR, PIN - 680303 6 PRIYESH V.P. AGED 42 YEARS S/O PARAMESWARAN, VELAPARAMBIL HOUSE, ALATHOOR,
BAIL APPL. NO. 163 OF 2024
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ANANDAPURAM, PIN - 680305
7 NITHIN SIDHARDHAN, AGED 33 YEARS S/O SIDHARDHAN, KIZHAKKOODAN HOUSE, MATTATHOORKUNNU P.O. THRISSUR, PIN - 680684
8 NEENA K.S. AGED 27 YEARS D/O SIDHARDHAN, KIZHAKKOODAN HOUSE, MATTATHOORKUNNU P.O. THRISSUR DISTRICT-, PIN - 680684
OTHER PRESENT:
SR PP - K. DENNY DEVASSY.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 163 OF 2024
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O R D E R
This is an application for anticipatory bail moved by the petitioners apprehending arrest at the hands of the Chalakkudy Police for the second time.
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intention to arrest them. Accordingly, the bail application was dismissed with a direction to the Investigating Officer to issue notice under Section 41A of the Code of Civil Procedure to the petitioners, if their presence is required for the purpose of investigation at any stage.
Since the petitioners apprehend harassment from the police in a matter involving allegations at the instance of petitioners regarding forging of records of the Kerala Public Service Commission, allegedly involving one Civil Police Officer could not be ruled out. Since no crime is registered against the petitioners, this anticipatory bail application stands disposed of directing the respondents not to interfere with the peaceful living of the petitioners in any manner and if the presence of the petitioners is necessary for the purpose of any investigation, the Investigating Officer is directed to move an application noting this bail application number before this Court appraising the necessity and
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on getting orders from this Court, the petitioners' presence shall be insisted for the purpose of investigation or otherwise. This bail application stands disposed of, accordingly.
The Public Prosecutor shall inform this order to the respondents for compliance forthwith.
SD/-
A. BADHARUDEEN JUDGE
rp
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APPENDIX OF BAIL APPL. 163/2024
PETITIONER ANNEXURES
| Annexure A1 | TRUE PHOTOSTAT COPY OF THE MEMO DATED NULL, WHICH WAS SENT BY ASWATHI TO THE PETITIONER THROUGH MOBILE PHONE WHICH IS ALLEGEDLY TO HAVE ISSUED BY THE SECRETARY, KPSC |
|---|---|
| Annexure A2 |
TRUE PHOTOSTAT COPY OF THE MEMO GIVEN BY SMT. ASWATHI TO SINCY.K.M. |
| Annexure A3 |
TRUE PHOTOSTAT COPY OF THE MEMO GIVEN BY SMT. ASWATHI TO SHERAJUDHEEN PUTHENPURAYIL |
| Annexure A4 |
TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED TO STATE POLICE CHIEF, THIRUVANANTHAPURAM DATED 21.10.2022 |
| Annexure A5 |
TRUE PHOTOSTAT COPY OF THE DOWNLOADED CITIZENS COPY OF CRIME NO.1031/2022 ON THE FILES OF CHALAKKUDY POLICE STATION DATED 16.11.2022 |
| Annexure A6 |
TRUE PHOTOSTAT COPY OF THE STATEMENT FILED BY DISTRICT POLICE CHIEF, THRISSUR DATED 25.02.2023 |
| Annexure A7 | TRUE PHOTOSTAT COPY OF THE FIR AS CRIME NO.293/2023 FILED BY THE 2ND RESPONDENT DATED 20.03.2023 |
| Annexure A8 |
TRUE PHOTOSTAT COPY OF THE COMPLAINT GIVEN TO THE 2ND RESPONDENT DATED 21.03.2023 |
| Annexure A9 | TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER DATED 12.04.2023 BEFORE THE 2ND RESPONDENT |
| Annexure A10 |
TRUE PHOTOSTAT COPY OF THE AGREEMENT EXECUTED BETWEEN ASWATHI AND SIVAPRASAD DATED 14.11.2022 |
| Annexure A11 |
TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10129871 DATED 03.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH |
| Annexure A12 |
TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10183583 DATED 17.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH |
| Annexure | TRUE PHOTOSTAT COPY OF THE CHEQUE NO.10129873 |
BAIL APPL. NO. 163 OF 2024
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A13 DATED 07.01.2023 DRAWN ON FEDERAL BANK LTD., CHALAKKUDY NORTH BRANCH
1 issue framed by the court
Whether anticipatory bail protection is warranted when no crime has been registered against the petitioners despite apprehension of police harassment.
1 provisions across 1 enactments
Shimutha K.M.
Naushad A.K.
State of Kerala
Station House Officer, Chalakkudy Police Station
Meera Venugopal
Ragesh K.R.
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
