Kerala High Court
Crime No. And Police Station Not Known To ... vs By Advs.Sri.V.Philip Mathew on 14 March, 2013
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
MONDAY, THE 14TH DAY OF MARCH 2013/23RD PHALGUNA 1934
Bail Appl..No. 1515 of 2013 ()
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CRIME NO. AND POLICE STATION NOT KNOWN TO THE PETITIONER)
PETITIONER/ACCUSED(S):
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NAJEEB M.SAHIB, AGED 38 YEARS
S/O.LATE K.MEERA SAHIB, KALLUMPURAYIDOM,
PETTAH, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.V.PHILIP MATHEW
SRI.GIBI.C.GEORGE
RESPONDENT/ COMPLAINANT(S):
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA
ERNAKULAM
ADDL.R2. DIRECTOR GENERAL OF POLICE
P.O.BOX NO.601,
RADHAKRISHNA SALAI, CHENNAI - 600004,
TAMIL NADU STATE
(ADDL.R2 IMPLEADED AS PER ORDER DT.1.2.2013 IN CRL.M.A.No.1277/2013 IN
B.A.No.1515/2013)
ADDL.R3 STATION HOUSE OFFICER, CYBER CELL, CBCID,
CHENNAI, TAMIL NADU
TAMIL NADU STATE
(ADDL.R3 IMPLEADED AS PER ORDER DT.14.3.2013 IN CRL.M.A.No.2405/2013 IN
B.A.No.1515/2013)
R BY PUBLIC PROSECUTOR, SMT.T.Y.LALISA
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14-03-
2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN, J.
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B.A. No. 1515 OF 2013
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Dated this the 14th day of March, 2013
O R D E R
~~~~~~~ This petition is preferred by the accused in Crime No.1/2012 of CBCID Cyber cell, Tamil Nadu for offences under Sections 66(a), 66(e) and 66(d) of the Information Technology Act and Section 420 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, this petition is filed seeking an order to direct the investigating officer to release the petitioner on bail in the event of arrest with a plea that he was falsely implicated.
2. Though notice was sent to the Director General of Police, Chennai, there is no response. The copy of the First Information Report is not so far produced. The allegation is that the Tamil Nadu police is frequently visiting the house of the petitioner for arrest.
3. The learned Government Pleader would submit that there is no information to the State Police regarding the B.A.No.1515/2013 2 intention of the arrest of the petitioner by the Tamil Nadu police and no request was sought for the help of the State police. In the above circumstance, I am at dark as to what is the nature of the offence.
4. However, having due regard to the facts and circumstances of the case, this petition is disposed of directing the respondents not to arrest the petitioner for a period of one month, provided the petitioner had executed a bail bond before the Chief Judicial Magistrate, Pathanamthitta in pursuance to the order dated 12.3.2013. The petitioner is directed to apply for regular bail from the court having jurisdiction within the above time or to surrender before the investigating officer. In the event the petitioner fails to apply for regular bail or to surrender before the investigating officer within that time, this order would stand vacated. On such surrender, if made, the investigating officer is at liberty to arrest the petitioner. After arrest, interrogation and recovery, if any, the investigating officer shall produce the petitioner before Magistrate having jurisdiction so as to enable him to apply for regular bail which the learned B.A.No.1515/2013 3 Magistrate shall dispose of on merits. In the event the interrogation of the petitioner could not be completed within the time limit specified by Cr.P.C., the investigating officer shall get order from the Magistrate having jurisdiction for further custodial interrogation of the petitioner. In such event, the application for bail shall be considered after such extended period for interrogation.
5. In the event the petitioner is involved in any offence other than what is mentioned earlier, this order would stand vacated and the investigating officer is at liberty to arrest the petitioner irrespective of the execution of the bail bond as mentioned above.
(P.S.GOPINATHAN, JUDGE) ps/14/3