High Court of KeralaBail Appl./1001/2015dismissed

Vibeesh v. The State Of Kerala

2015-03-04Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 Bail Appl..No. 1001 of 2015 () ------------------------------- CRIME NO. 234/2015 OF TIRUR POLICE STATION, MALAPPURAM DISTRICT --------------- PETITIONER/ACCUSED:

--------------------------------------- VIBEESH, S/O.BALAN,AGED 32 YEARS, KANNATH PARAMBIL HOUSE, PURATHUR P.O., TIRUR TALUK, PIN -676 102.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENT(S)/STATE AND COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT, PIN- 676 101.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.1001 of 2015 A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March 2015

ORDER

According to the petitioner, he is apprehending arrest in connection with Crime No.234/2015 of Tirur 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 petitioner and the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioner has not been arraigned as an accused in the crime. When the petitioner is not arraigned as an accused in this case, there cannot be any reasonable apprehension of arrest on the

B.A.1001/2015 part of the petitioner. Matters being so, the present bail application is not maintainable.

3. If the police wants to arrest the petitioner, in connection with any non-bailable offence, in this case, the petitioner 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