Thulaseedharan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 24TH DAY OF APRIL 2015/4TH VAISAKHA, 1937 Bail Appl..No. 2048 of 2015 () ------------------------------------------------ PETITIONER(S):

-------------------------- THULASEEDHARAN, AGED 52 YEARS, S/O.BHARGAVAN, KRISHNA VILASAM, MALIAMOODU, KULATHUPUZHA, KOLLAM DISTRICT.

BY ADVS.SRI.SANU.S.PANICKER SRI.T.A.PRAKASH RESPONDENT(S)/COMPLAINANT:

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1. SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STAITON, KOLLAM DISTRICT, (CRIME NO. NOT KNOWN), REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA, KOLLAM DISTRICT 691 001.

3. DEPUTY SUPERENDANT OF POLICE, PUNALUR, KOLLAM DISTRICT 691 001.

4. BINDHU KRISHNA, D/O.GOMATHI AMMA, NANDANAM, THADATHARIKATHU PUTHEN VEEDU, DALI PO, KANTANCHIRA, KULATHUPUZHA 691 310.

R1 TO R3 BY SMT.V.H.JASMINE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG

BABU MATHEW P. JOSEPH, J.

----------------------------------------- B.A.No. 2048 of 2015 ---------------------------------------------- Dated this the 24th day of April, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C for anticipatory bail.

2.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.

3.

Learned counsel for the petitioner submits that the petitioner apprehends arrest by Kulathupuzha Police on an accusation of having committed a non-bailable offence. Kulathupuzha Police came to the residence of the petitioner and directed him to appear before the Station House Officer of Kulathupuzha Police Station. In such a circumstance, the petitioner was compelled to prefer this petition under section 438 of Cr.P.C.

4.

Learned Public Prosecutor, on instructions,

B.A.2048/15 submits that no case has been registered and pending investigation against the petitioner by Kulathupuzha Police. Therefore, the question of arrest of the petitioner by Kulathupuzha Police does not arise. In view of the submissions so made by the learned Public Prosecutor, this bail application does not survive. Therefore, recording the submissions made by the learned Public Prosecutor, this bail application is closed.

Sd/- BABU MATHEW P. JOSEPH, JUDGE.

//TRUE COPY// P.A TO JUDGE DG