Prasanna S. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7090 of 2015 () ------------------------------- CRIME NO. 343/2013 OF KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
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PETITIONER/ACCUSED NO.1:
------------------------------------------- PRASANNA S., AGED 65 YEARS, W/O. SASIDHARAN NAIR, SARASWATHY VILASAM, VENCHAVODE, SREEKARIYAM, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM.
BY ADV. SRI.P.V.ANIL.
RESPONDENT/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.343/2013 OF KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM).
2. STATION HOUSE OFFICER, KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM -695 582, (CRIME NO.343/2013 OF KAZHAKUTTAM POLICE STATION, THIRUVANANTHAPURAM).
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
A.HARIPRASAD, J.
------------------------------------------------ B.A.No.7090 of 2015 ------------------------------------------------- Dated this the 17th day of November, 2015
O R D E R
Application filed under Section 438 of the Code of Criminal Procedure.
2.
Petitioner seeks pre-arrest bail in Crime No.343 of 2013 of Kazhakuttam Police Station registered for the offences punishable under Sections 406 & 420 r/w Section 34 of the Indian Penal Code.
3.
This Court as per order dated 08.10.2013 in B.A.No.5576 of 2013 directed the petitioner to surrender before the investigating officer and move for regular bail. 4.
Heard both sides.
5.
Learned counsel for the petitioner submitted that for unavoidable reasons the petitioner could not comply with the directions. The petitioner's husband is suffering from various ailments. Records have been produced to show that the petitioner's husband is not physically well.
6.
Learned Public Prosecutor opposed the bail
B.A.No.7090 of 2015 application, contending that the direction to surrender was made as early as on 08.10.2013 and after closing the investigation, a final report has already been filed. I do not find any legal principle to entertain this second application.
With the above mentioned facts and circumstances, this bail application is dismissed.
Sd/- A.HARIPRASAD, JUDGE.
AS /True copy/ P.A. to Judge