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Kerala High Court

Sukumaran Nair vs State Of Kerala on 27 September, 2019

Author: Alexander Thomas

Bench: Alexander Thomas

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 27TH DAY OF SEPTEMBER 2019 / 5TH ASWINA, 1941

                 Bail Appl..No.6687 OF 2019

   CRIME NO.813/2019 OF THEKKUMBHAGOM POLICE STATION ,
                          Kollam


PETITIONERS/ACCUSED 2 TO 5:

     1       SUKUMARAN NAIR, AGED 70 YEARS
             PUNTHALA VEEDU, MALI BHAGOM, CHAVARA SOUTH,
             KOLLAM DISTRICT-691 584.

     2       JAGADAMMA, AGED 65 YEARS
             W/O.SUKUMARAN NAIR, PUNTHALA VEEDU,
             MALI BHAGOM, CHAVARA SOUTH,
             KOLLAM DISTRICT-691 584.

     3       SREEKUMAR, AGED 40 YEARS
             S/O.SUKUMARAN NAIR, PUNTHALA VEEDU, MALI
             BHAGOM, CHAVARA SOUTH, KOLLAM DISTRICT-691
             584.

     4       GIREESH KUMAR, AGED 34 YEARS
             S/O.SUKUMARAN NAIR, PUNTHALA VEEDU, MALI
             BHAGOM, CHAVARA SOUTH, KOLLAM DISTRICT-691
             584.

             BY ADVS.
             SRI.M.KIRANLAL
             SRI.MANU RAMACHANDRAN
             SRI.T.S.SARATH
             SRI.R.RAJESH (VARKALA)
             AJAY JAYACHANDRAN
 Bail Appl..No.6687 OF 2019

                               ..2..



RESPONDENT:

               STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-682 031.


OTHER PRESENT:

               SRI.B.JAYASURYA, PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.09.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Bail Appl..No.6687 OF 2019

                                  ..3..



                     ALEXANDER THOMAS, J.
                   -------------------------------------
                        B.A. No. 6687 of 2019
                   -------------------------------------
              Dated this the 27th day of September, 2019

                              ORDER

The petitioners herein seek grant of anticipatory bail in relation to Crime No. 813 of 2019 of the Chavara Thekkumbhagom Police Station, which has been registered for offences punishable under Sections 406, 420, 354C, 377, 498A, 500 and 506 read with Section 34 of the Indian Penal Code, and under Sections 66E and 67A of the Information Technology Act, 2000. Initially, five persons have been arrayed as accused in the above said crime. The petitioners herein are accused Nos. 2 to 5 in the said crime.

2. The learned Public Prosecutor Sri. B. Jayasurya would submit on the basis of instructions from the Investigating Officer concerned that the Police, after investigation, has deleted many of the offences and has also deleted the petitioners herein (accused Nos. 2 to 5) from the accused array and presently, accused No.1 is the sole accused in the above said crime, and the Bail Appl..No.6687 OF 2019 ..4..

offences are those under Sections Sections 406, 420, 354C, 498A, 500 and 506 of IPC. Accordingly, it is submitted by the learned Public Prosecutor that since all the four petitioners herein have been deleted from the accused array, and a report in that regard has also been submitted by the Investigating Officer before the competent criminal court concerned, the apprehension of the petitioners that they will be arrested in the above said crime, is unfounded, and the application has become infructuous.

Recording the above said submission of the Public Prosecutor, it is ordered that the above anticipatory bail application will stand dismissed as infructuous.

sd/-

ALEXANDER THOMAS, JUDGE ds 27.09.2019