ABHIRAM USHA CHANDRAN v. THE STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE C.S.DIAS
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-05. ABHIRAM USHA CHANDRAN v. THE STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION. Read the judgment and case...
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C. S. DIAS TH MONDAY, THE 5 DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 BAIL APPL. NO. 6132 OF 2024 UNKNOWN CRIME OF POOCHAKKAL POLICE STATION, ALAPPUZHA PETITIONER: ABHIRAM USHA CHANDRAN AGED 29 YEARS SON OF CHANDRAN, RESIDING AT SREESHYLAM, MARUTHERI, MENHANIAM PO, PERAMBRA, KOZHIKODE, PIN - 673525 BY ADVS. PRAVEEN. H. E. SILPA RESPONDENTS: 1 THE STATION HOUSE OFFICER, POOCHAKKAL POLICE STATION POOCHAKKAL POLICE STATION, POOCHAKKAL PO, ALAPPUZHA DISTRICT, PIN - 688526 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05. 08. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B. A. No.
6132 of 2024 -:2:- th Dated this the 5 day of August, 2024 O R D E R The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short, BNSS), for an order of pre-arrest bail. 2. The petitioner apprehends arrest in an unknown crime by the Poochakkal Police Station, Alappuzha, for allegedly committing a non-bailable offence. 3. Heard; Sri. Praveen Hariharan, the learned counsel appearing for the petitioner and Smt. Seetha S. , the learned Senior Public Prosecutor. 4. The learned Public Prosecutor, on instructions, submitted that the petitioner is an accused in Crime No. 419/2024 of the Poochakkal Police Station, which is registered against the accused for allegedly committing the offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code B. A. No. 6132 of 2024 -:3:-and Section 66D of the Information Technology Act. The said submission is recorded. 5.
On a reading of the bail application, it can be seen that none of the details or materials pertaining to the incident, crime number, the offences or the rank of the accused have been stated. The bail application is vague and lacks the requisite details, particularly the offences levelled against the petitioner. It is well-settled in Gurbaksh Singh Sibbia v. State of Punjab [(1980) 2 SCC 565 ] as well as Kusha Duruka v. State of Odisha [2024 (1) KHC 389] that a bail application should contain the elementary details pertaining to the accusations levelled against the accused. Therefore, I am of the view that the present application is unsustainable in law and the petitioner would be at liberty to file a fresh application after incorporating all the requisite details. In the result, the bail application is B. A. No.
6132 of 2024 -:4:-dismissed,without prejudice to the right of the petitioner to file a fresh bail application, if so advised, after incorporating his rank, crime number, the offences and all the accusations levelled against him. SD/- C. S. DIAS,JUDGE rmm/5/8/2024
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