BABY VARGHESE, v. MERCY,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE C.S.DIAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-29. BABY VARGHESE, v. MERCY,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C. S. DIAS TH MONDAY, THE 29 DAY OF JULY 2024 / 7TH SRAVANA, 1946 BAIL APPL. NO. 5988 OF 2024 CRIME NO. 286/2024 OF KALLOORKADU POLICE STATION, ERNAKULAM PETITIONERS: 1 BABY VARGHESE AGED 51 YEARS S/O VARGHESE, MEKKUZHIKKATTU, THAZHUVAMKUNNU, KALLOORKKAD, ERNAKULAM, PIN – 686665 2 THOMAS JOHN AGED 77 YEARS S/O. LATE JOHN, KAPPIYARUMALAYIL HOUSE, THAZHUVAMKUNNU, KALLOORKKAD, ERNAKULAM, PIN – 686665 BY ADVS. JOHNSON MANAYANI JEEVAN MATHEW MANAYANI RESPONDENTS: 1 MERCY W/O JIJI ABRAHAM, THOTTIYIL HOUSE, THAZHUVAMKUNNU P. O, KALLORKAD, MUVATTUPUZHA, PIN – 686668 2 DISTRICT SUPERINTENDENT OF POLICE (RURAL) POWER HOUSE JUNCTION, SUB JAIL ROAD, ALUVA, PIN – 683101 3 THE DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, PIN – 686661 4 THE STATION HOUSE OFFICER KALLOORKAD POLICE STATION, KALLOORKAD P. O.
, ERNAKULAM, PIN – 686668 5 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29. 07. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B. A. No. 5988/2024 -:2:-th Dated this the 29 day of July, 2024 O R D E R The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail. 2. The petitioners are the accused Nos. 1& 2 in Crime No. 286/2024 of the Kallorkadu Police Station, Ernakulam, which is registered against the accused for allegedly committing the offences under Sections 354, 323, 294(b) & 447 read with Section 34 of the Indian Penal Code, 1860(in short, ‘IPC’). 3. Heard; Sri. Johnson Manayani, the learned counsel appearing for the petitioners and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor. 4.
The learned Public Prosecutor, on instructions, submitted that the only non-bailable offence i. e. , Section 354 of the IPC has been deleted by the Investigating Officer. A report to the said effect B. A. No. 5988/2024 -:3:-has been filed before the jurisdictional court. The said submission is recorded. 5. In the light of the above submission, I am of the view that, this bail application is unsustainable in law, since there is no non-bailable offence. Resultantly, the application is closed, reserving the right of the petitioners to work out their remedies in accordance with law. Sd/- C. S. DIAS,JUDGE DST/29. 07. 24 //True copy// P. A. To Judge
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.