Kerala High Court
Unknown vs By Adv.Sri.P.Babu Kumar on 30 May, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 30TH DAY OF MAY 2018 / 9TH JYAISHTA, 1940
Bail Appl..No. 2650 of 2018
PETITIONER(S)/ACCUSED
MURALI M.M.,
S/O.MADHAVAN, AGED 60, MUNDARAKOT HOUSE, CHATHARI,
THRIPUNITHURA P.O., ERNAKULAM-682031.
BY ADV.SRI.P.BABU KUMAR
RESPONDENT(S):
SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION,
THRIPUNITHURA, ERNAKULAM, REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
R BY PUBLIC PROSECUTOR SRI. B. JAYASURYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
acd
R. NARAYANA PISHARADI, J.
-------------------------------------------
B.A.No.2650 of 2018
----------------------------------------------
Dated this the 30th day of May, 2018
ORDER
This is an application for anticipatory bail filed under Section 438 Cr.P.C.
2. The petitioner has filed this application for anticipatory bail on an apprehension of arrest by the Sub Inspector of Police, Hill Palace Police Station on accusation of non-bailable offences in a case which may be registered on the basis of the complaint filed against him by some persons alleging that he has misappropriated huge amount of money while he was working as the Secretary of SNDP Branch, Nadama.
2. The learned Public Prosecutor has submitted that four persons have together filed a complaint against the petitioner alleging that he had collected money from them as chitty amount but he has misappropriated the money. The report filed by the Sub Inspector of Police, Hill Palace Police Station does not reveal that any case has so far been registered against the petitioner on the basis of this complaint. What is stated in the report is only that, as a part of the preliminary enquiry, both parties were summoned to the police station but the petitioner is avoiding appearance in the B.A.No.2650/2018 2 preliminary enquiry.
3. Since no case is registered against the petitioner accusing him of non-bailable offences, there is no reasonable basis for his apprehension that he would be arrested by the police. Therefore, the petition is liable to be dismissed.
In the result, the petition is dismissed. However, if the Sub Inspector of Police, Hill Palace Police Station intends to arrest the petitioner on accusation of any non-bailable offences in any case that may be registered on the basis of the complaint mentioned above, notice under Section 41A Cr.P.C. shall be issued to the petitioner.
sd/-
R.NARAYANA PISHARADI, JUDGE.
acd B.A.No.2650/2018 3