T.M. Mathew v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Bail Appl..No. 6757 of 2014 (D) ----------------------------------- CRIME NO. 374/2014 OF AMBALATHARA POLICE STATION , KASARGOD ------ PETITIONER/ACCUSED:

-------------------------- T.M. MATHEW, AGED 43 YEARS S/O.MATHAI, THUKKANKOOTTIL HOUSE, CHAKKITTADUKAM P.O PADIMARUTHU, BELUR VILLAGE.

BY ADVS. SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN RESPONDENT/STATE:

------------------------ THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM REPRESENTING S.H.O AMBALATHARA POLICE STATION KASARAGOD DISTRICT - 671 123.

BY PUBLIC PROSECUTOR SMT.LISHA M.G.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BABU MATHEW P. JOSEPH, J.

------------------------------------------------ ------------------------------------------------ Dated this the 25th day of June, 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. The petitioner is the accused in Crime No.374 of 2014 of Ambalathara Police Station. The offence alleged is under Section 420 of IPC. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no criminal antecedents. The investigation of the case was over and the Final Report filed by the police before the Court. He further submits that the petitioner apprehends arrest at any time.

4. Learned Public Prosecutor submits that the investigation of the case was over and the Final Report filed

-2before the court. She further submits that no criminal antecedents have been reported against the petitioner. On considering the facts and circumstances and the fact that Final Report has been filed before the court, this Court is of the view that the court below can be directed to grant bail to the petitioner.

In the result, this Bail Application is disposed of as follows: The petitioner will be free to submit an application for bail before the Judicial First Class Magistrate's Court-I, Kasaragod. If he submits such an application, the learned Magistrate shall consider the same and pass orders granting him bail imposing appropriate conditions.

Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE

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