High Court of KeralaBail Appl./255/2015disposed of

Sharafali C.T. v. The State Of Kerala

2015-01-21Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 Bail Appl..No. 255 of 2015 ------------------------------ CRIME NO. 23/2015 OF AREACODE POLICE STATION, MALAPPURAM DISTRICT. PETITIONERS/ACCUSED:

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1. SHARAFALI C.T., S/O. HAMZA, AGED 20 YEARS, PURANKANDIPARAMBIL, KEEZHUPARAMBU, MALAPPURAM DISTRICT.

2. HAMZA C.T., S/O. KUTTOOSA, AGED 46 YEARS, CHIRAYIMMAL PARAMBIL, KEEZHUPARAMBU, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

2. THE SUB INSPECTOR OF POLICE, AREACODE POLICE STATION, MALAPPURAM DISTRICT, PIN-673639.

BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - B.A.No.255 of 2015 - - - - - - - - - - - - - - - - - - - -- - - - Dated this the 21st day of January 2015

ORDER

According to the petitioners, they are apprehending arrest in connection with Crime No.23/2015 of Areacode Police Station, Malappuram District registered for the offences punishable under Section 379 read with Section 34 of the Indian Penal Code and Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioners have not been arraigned as accused in the crime. When the petitioners are not arraigned as accused in this case, there cannot be any reasonable apprehension of arrest on the part of the petitioners. Matters being so, the present bail

B.A.255 of 2015 application is not maintainable.

3. If the police wants to arrest the petitioners, in connection with any non-bailable offence, in this case, the petitioners shall be given an opportunity to approach this Court once again, under Section 438 of the Code of Criminal Procedure. In the result, this bail application is dismissed, with the above said observations.

Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge