Sulaiman N. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Bail Appl..No. 1177 of 2015 (B) ------------------------------- CRIME NO. 2246/2014 OF KUNNAMKULAM POLICE STATION , THRISSUR PETITIONER/ACCUSED:

--------------------------------- SULAIMAN N., AGED 56 YEARS S/O.LATE ABDU, NURIKILAYIL HOUSE, NANNAMUKKU P.O. CHANGARAMKULAM, MALAPPURAM DISTRICT.

BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.M.REVIKRISHNAN SRI.V.C.SARATH RESPONDENT/COMPLAINANT:

------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR, SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.1177 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March 2015

ORDER

According to the petitioner, he is apprehending arrest in connection with crime No.2246/2014 of Kunnamkulam police station registered for the offences punishable under Sections 489 (A), 489(B), 489(C), 489(D) and 489(E) I.P.C.

2. The learned Public Prosecutor submits that the petitioner has not been arraigned as an accused in the crime and he is only a suspect in the matter. When the petitioner is not arraigned as an accused in this case, there cannot be any reasonable apprehension of arrest on the part of the petitioner. 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 closed, with the above said observations.

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