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THANKACHAN 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 2020-12-04. THANKACHAN 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 FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942 Bail Appl.. No. 7435 OF 2020 CRIME NO. /0 OF Cherthala Police Station, Alappuzha PETITIONER/S: THANKACHAN AGED 56 YEARS PLAKKICHIRAYIL HOUSE, PALLIPPURAM P. O. , CHERTHALA,ALAPPUZHA PIN-688541 BY ADVS. SRI. T. D. SUSMITH KUMAR SHRI. JAYKAR. K. S. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, 682031 2 THE SUB INSPECTOR OF POLICE AGED 45 YEARS CHERTHALA POLICE STATION, PIN -688541 3 JOSE MATHEW AGED 66 YEARS S/O MATHAI , PLAKKICHIRAYIL HOUSE, PALLIPPURAM P. O. , PALLIPPURAM VILLAGE CHERTHALA, PIN -688541 4 RINI JOSE AGED 22 YEARS D/O JOSE MATHEW PLAKKICHIRAYIL HOUSE PALLIPPURAM P. O. , PALLIPPURAM VILLAGE CHERTHALA, PIN -688541 5 TINU JOSE AGED 28 YEARS S/O JOSE MATHEW PLAKKICHIRAYIL HOUSE PALLIPPURAM P. O. , PALLIPPURAM VILLAGE CHERTHALA, PIN -688541 R1 BY PUBLIC PROSECUTOR, SMT V.

SREEJA OTHERS PRESENT: THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl.. No. 7435 OF 2020 -2- O R D E R Dated this the 4th day of December 2020 The applicant has approached this Court for anticipatory bail apprehending arrest in an unknown crime of Cherthala Police Station for a non-bailable offence in connection with civil litigation that is pending against the de facto complainant before the Munsiff's Court, Cherthala. 2. The learned Prosecutor, under instructions, submits that Crime No. 1487/2020 was registered at Cherthala Police Station for having allegedly committed offences punishable under Sections 341, 506(ii) and 353 IPC against the applicant for having wrongfully restrained and deterred the Advocate Commissioner deputed from the Munsiff's Court, Cherthala and that he was arrested on 1. 11. 2020. In that crime, he has Bail Appl.. No. 7435 OF 2020 -3- already been granted bail.

That apart, no other crime is registered at Cherthala Police Station for a non-bailable offence against the applicant. Under the circumstances, I find that the apprehension of arrest is misplaced. The bail application is therefore disposed of with a direction that the applicant shall not be arrested in any other crime registered against him for a non-bailable offence at Cherthala Police Station until served with a notice under Section 41A Cr. PC. Sd/- ASHOK MENON JUDGE jg

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.