Kerala High Court
Smith vs State Of Kerala on 12 June, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 12TH DAY OF JUNE 2018 / 22ND JYAISHTA, 1940
Bail Appl..No. 3543 of 2018
(CRIME NO. NOT KNOWN OF CHIRAYANKEEZHU POLICE STATION,
THIRUVANANTHAPURAM)
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PETITIONER/ACCUSED:
SMITH,
AGED 37 YEARS, W/O.RATHESH,
SIVASAKTHI BHAVAN, PARAVUR VILLAGE,
KOONAYIL PARAVUR, KOLLAM.
BY ADV.SRI.M.R.SASITH
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL POLICE STATION, ATTINGAL-695 001
3. THE CIRCLE INSPECTOR OF POLICE,
CHIRAYANKEEZHU POLICE STATION,
THIRUVANANTHAPURAM-695 001
4. THE SUB INSPECTOR OF POLICE,
CHIRAYANKEEZHU POLICE STATION,
THIRUVANANTHAPURAM-695 001
BY PUBLIC PROSECUTOR SMT.K.K.SHEEBA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12-06-2018,THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
13/6/2018
R. NARAYANA PISHARADI, J.
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B.A. No. 3543 OF 2018
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Dated this the 12th day of June, 2018
ORDER
This is an application for anticipatory bail filed under Section 438 Cr. P. C
2. This application is filed by the petitioner on the apprehension that she would be arrested by the police on accusation of non-bailable offences in a case which is registered against her on the basis of the complaint made by one Rameela, wife of Manzoor. The Sub Inspector of Police, Chirayankeezhu Police Station has filed a report to the effect that a complaint has been filed by Rajila, wife of Manzoor, against the petitioner and two other persons and it is pending in the office of the Deputy Superintendent of Police, Attingal. No case has been registered against the petitioner on the basis B.A. No. 3543 OF 2018 2 of such complaint. Therefore, at present, there is no reasonable basis for the apprehension of the petitioner that she would be arrested by the police on accusation of non- bailable offences in any case registered against her on the basis of the aforesaid complaint. The petition is liable to be dismissed.
In the result, the petition is dismissed. However, if the investigating officer intends to arrest the petitioner on accusation of any non-bailable offence in any case registered against her on the basis of the aforesaid complaint made by Rajila, notice under Section 41 A Cr.P.C shall be issued to her.
Sd/-
R. NARAYANA PISHARADI
JUDGE
uu
13/06/2018 //TRUE COPY//
PA TO JUDGE