Kerala High Court
Ram Kumar vs State Of Kerala on 7 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY ,THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
Bail Appl..No. 7836 of 2018
CRIME NO. 14/2016 OF CYBER CRIME POLICE STATION,THIRUVANANTHAPURAM
PETITIONER:
RAM KUMAR,AGED 29 YEARS
S/O RAMA MOORTHY,
RESIDING AT B/133/ JAI NAGAR,
N. KOSAVAMPATTI, NAMAKKAL,
TAMIL NADU
BY ADVS.
SRI.C.V.MANUVILSAN
SMT.K.VIDYA
SRI.VINODE V. LUKA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION,
THIRUVANANTHAPURAM DISTRICT,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031
2 DR. A.R. BABU
MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT.
LTD., HEERA PARK, M.P. APPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
SR.PP. SRI. C.S. HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7836 of 2018 2
ORDER
Petition filed under Section 438 Cr.P.C.
2. Petitioner is the second accused in Crime No.14 of 2016 of Cyber Crime Police Station, Thiruvananthapuram registered for the offences under Sections 420, 468 and 471 IPC and Sections 43 r/w Section 66D of the Information Technology Act. Earlier he had filed two applications under Section 438 Cr.P.C which were dismissed by Annexure-A2 and A3 orders by this court. This is the third application for the very same purpose. The change of circumstances pleaded is that he has been issued a notice under Section 41A Cr.P.C.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. A notice under Section 41A Cr.P.C may be issued when the police officer does not think that the arrest of the particular person is not necessary under Section 41 Cr.P.C. The very fact that the petitioner has been issued a notice under Section 41A Cr.P.C shows that the investigating officer has no intention to arrest him as of now. At the same time, Bail Appl..No. 7836 of 2018 3 it may be noted that if the investigating officer is satisfied that his arrest is necessary after his interrogation there is no prohibition for it. So the issuance of notice under Section 41A Cr.P.C alone will not entitle him to anticipatory bail since his earlier two applications were dismissed. This application is not maintainable. Accordingly, it is dismissed.
In the result, this Bail Application is dismissed.
Sd/-
K.ABRAHAM MATHEW
JUDGE
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