Haridas v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 Bail Appl..No. 7255 of 2015 () ------------------------------- CRIME NO. NOT KNOWN OF KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT ------------------- PETITIONERS/ACCUSED :

--------------------------------------- HARIDAS, PRIYA BHAVAN, KALANJOOR, KONNI TALUK PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.P.SREEKUMAR SRI.SOORAJ T. ELENJICKAL RESPONDENT/COMPLAINANT :

-----------------------------------------------

1. SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT-689693.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR ERNAKULAM-682031.

R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7255 of 2015 -------------------------------------- Dated this the 27th day of November, 2015

ORDER

Application for bail under Section 438 Cr.P.C. 2.

Petitioner apprehends arrest at the hands of Koodal Police Station.

3.

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

4.

Learned counsel for the petitioner submitted that the petitioner is a taxi driver. When he went to a temple, his car was forcefully taken by the Sub Inspector of Police, Koodal Police Station. According to him, he is not involved in any offence. 4.

Learned Public Prosecutor submitted that as of now, the petitioner is not an accused in any case before Koodal Police. It is seen from the materials produced that a complaint has been filed against the petitioner alleging that he is responsible for taking the complainant's wife to Kuwait for a job and now she faces harassment at the hands of someone there.

B.A. No.7255 of 2015 2 5.

Learned counsel for the petitioner submitted that he has no connection with the incident and he never recruited anyone. He further submitted that the police is harassing him by coming to his house frequently and threatening even his wife. It is made clear that if he is not an accused in any case, the police shall refrain from any such activity. If the petitioner is not involved in any offence and if his vehicle is not involved in any crime, the Police Officer has no authority to detain his vehicle in the police station. With this observations, the bail application is closed. Sd/- A.HARIPRASAD, JUDGE.

Amk //True copy// P.A to Judge