SAISANKAR v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE ASHOK MENON
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-02. SAISANKAR v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942 Bail Appl.. No. 7718 OF 2020 CRIME NO. 251/2020 OF Perumbavoor Police Station, Ernakulam PETITIONER/S: SAISANKAR AGED 32 YEARS CRESCENT ASTER, KARAPARAMBU, BYE PASS ROAD, KOZHIKODE 673010 BY ADVS. SRI. R. ANIL SRI. M. SUNILKUMAR SRI. SUJESH MENON V. B. SRI. T. ANIL KUMAR SRI. THOMAS ABRAHAM (NILACKAPPILLIL) SRI. THOMAS SABU VADAKEKUT SHRI. MAHESH BHANU S. SMT. S. LAKSHMI SANKAR SHRI. RESSIL LONAN RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031 R1 BY PUBLIC PROSECUTOR SRI. B. RAMAN PILLA (SR)-PETR, SRI. AJITH MURALI -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl.. No. 7718 OF 2020 2 ORDER Dated this the 2nd day of December 2020 The applicant apprehends arrest in Crime No.
251/2020 of Perumbavoor Police Station, Ernakulam for a non-bailable offence, and has approached this Court for anticipatory bail. 2. The applicant had earlier approached the Sessions court, Ernakulam for anticipatory bail, then he was not made an accused in that crime and the matter was disposed of by the learned Sessions Judge directing the SHO to serve notice under Section 41A Cr. P. C in case the applicant is intended to be arrested. 3. The applicant submits that there is every possibility that he may be implicated as an accused in the said crime and therefore apprehending arrest he has approached this Court. 4. The learned Public Prosecutor under instructions submits that there are strong Bail Appl.. No. 7718 OF 2020 3 materials implicating the applicant who is alleged to be a cyber-expert and had allegedly threatened the de facto complainant and sought ransom, and money was also collected from him.
But the investigation is still at the very nascent stage and sufficient material is being collected to implicate the applicant as an accused. But as of now, he has not yet been made an accused. 5. The applicant genuinely believes that he may be proceeded against and the learned Prosecutor has also not denied the fact that there is a fair possibility of the applicant being implicated as an accused. It is well settled that a person can seek anticipatory bail, even without his being implicated as an accused in a crime provided there are reasons for him to believe that he may be implicated as accused and would be arrested. In the instant case, there is a fair chance of the applicant being implicated as an Bail Appl.. No. 7718 OF 2020 4 accused and being arrested. Under the circumstances, the applicant is entitled to an interim anticipatory bail and in case the applicant is arrested by investigating officer in the aforesaid crime, he shall be released on bail on execution of bond for Rs.
1,50,000/- (Rupees One lakh fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the investigating officer and the said interim bail shall be effective for a period of one month on expiry of which the applicant is at liberty to approach this Court for anticipatory bail. With these observations, the application is disposed of. Sd/- ASHOK MENON JUDGE SPK
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