An application for anticipatory bail under Section 438 CrPC regarding an alleged cheating offence. The court dismissed the petition for non-prosecution as the Public Prosecutor submitted the petitioner was not interested in proceeding.
Petition dismissed for non-prosecution as the applicant is not interested in proceeding with the matter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
BAIL APPL. NO. 6055 OF 2021
CRIME NO.742/2021 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CRMP 1178/2021 OF DISTRICT COURT& SESSIONS COURT, PATHANAMTHITTA
PETITIONER/ACCUSED NO.2:
RANI SAJI SAM AGED 52 YEARS W/O. SAJI SAM, THARAYIL GARDENS, OMALLOOR P.O., PATHANAMTHITTA DISTRICT, PIN-689 647
BY ADV C.S.MANU
RESPONDENTS/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKAULAM, PIN - 682 031
SRI.DENNY DEVASSY, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.6055 OF 2021
2
ORDER
Dated this the 4th day of January, 2024
This is an application for anticipatory bail filed under
section 438 of the Code of Criminal Procedure by the second accused in crime No.742/2021 of Pathanamthitta Police Station, where the accused alleged to have committed offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
Prosecutor submitted that in this case, investigation has been
completed and final report filed. Since the petitioner is not interested to proceed with the matter, this petition is dismissed for non-prosecution.
Sd/-
A. BADHARUDEEN JUDGE
nkr
1 issue framed by the court
Whether anticipatory bail application should be allowed or rejected given the lack of representation and the state's submission of dismissal for non-prosecution.
2 provisions across 2 enactments
RANI SAJI SAM
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
