Jithesh C.S v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 19372 Bail Appl.No. 2875 of 2015 -------------------------------------- CRIME NO.156/2015 OF MAMALLAPURAM POLICE STATION, KANCHEEPURAM DISTRICT IN TAMIL NADU ..........
PETITIONER(S)/ACCUSED 1 & 2:
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1. JITHESH C.S., AGED 23 YEARS, S/O.P.SASIKUMAR, REVATHY HOUSE, MUTHUKULAM SOUTH P.O., ALAPPUZHA DISTRICT.
2. SATHYA K., AGED 21 YEARS, D/O.S.KARUNANIDHI, HOUSE NO. XV/NA, MARIYAMMANKOIL STREET, SOZHAKATTU KANCHEEPURAM, TAMIL NADU - 630 312.
BY DR.K.P.SATHEESAN, SENIOR ADVOCATE ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN RESPONDENT(S)/STATE & COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
2. THE SUB INSPECTOR OF POLICE, MAMALLAPURAM POLICE STATION, KANCHEEPURAM DISTRICT, TAMIL NADU - 630 312.
BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
K. ABRAHAM MATHEW, J.
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B.A. No. 2875 of 2015 ............................................... Dated this the 25th day of May, 2015
O R D E R
The first petitioner is a native of Kerala and the second petitioner of Tamil Nadu. They are Engineers by profession. They apprehend that they will be arrested by the Tamil Nadu police. It is submitted that the police in Tamil Nadu have registered a case on the report that the second petitioner was missing. The petitioners submit that they are married and their marriage has been registered also under the Kerala Registration of Marriages (Common) Rules 2008.
2. Heard.
3. The case registered by the Mamallapuram Police in Tamil Nadu does not disclose commission of any offence by any of the petitioners. It is only on the basis of the report that the second petitioner was missing, the case was registered.
4. The learned Public Prosecutor submits that since there is no allegation that any of the petitioners has committed any offence the apprehension that the police will arrest them is without any basis.
5. Learned senior counsel appearing for the petitioners
B.A. No. 2875 of 2015 ::2::
submits that the second petitioner will appear before the Madras High Court where a habeas corpus petition for her production has been allegedly filed.
6. Learned Public Prosecutor submits that the Habeas Corpus Petition No. is 1265 of 2015.
7. In view of these facts, the prayer for anticipatory bail cannot be entertained.
In the result, this application is dismissed. Submission of the learned Public Prosecutor that Kerala police will not arrest any of the petitioners is recorded.
Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. o Judge