High Court Kerala High Court

Santheep Kumar K. vs The Sub Inspector Of Police on 18 July, 2007

Kerala High Court
Santheep Kumar K. vs The Sub Inspector Of Police on 18 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4003 of 2007(S)


1. SANTHEEP KUMAR K., AGED 23 YEARS,
                      ...  Petitioner
2. SUDHEESH K., AGED 18 YEARS,

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.RAJESH CHAKYAT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :18/07/2007

 O R D E R
                                   R.BASANT, J

                         ------------------------------------

                             B.A.No.4003 of 2007

                         -------------------------------------

                     Dated this the 18th day of July, 2007


                                      ORDER

Application for anticipatory bail. The petitioners apprehend

arrest on the allegation that they have committed the offences

punishable under Sections 448 and 332 read with 34 I.P.C. The

learned Public Prosecutor submitted that the petitioners have not

been arrayed as accused so far and they are not required to be

arrested in connection with the crime, ie. Crime No.309 of 2007 of

Irinjalakuda Police Station. I am satisfied that the said submissions of

the learned Public Prosecutor can be accepted. The apprehension of

the petitioners is, in these circumstances, found to be baseless.

2. This application for anticipatory bail is, in these

circumstances, dismissed accepting the submission of the learned

Public Prosecutor that the petitioners have not so far been arrayed as

accused and are not required to be arrested now. The learned Public

Prosecutor submits and the said submission is accepted that if the

petitioners were, at any later point of time, required to be arrested,

appropriate application shall be filed before this Court and further

directions shall be sought.

(R.BASANT, JUDGE)

B.A.No.4003 of 2007 2

rtr/-

R.BASANT, J

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B.A.No.4003 of 2007

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B.A.No.4003 of 2007 3

Dated this the 3rd day of July, 2007

ORDER

Petitioners apprehend arrest in a crime registered under

Sections 448 and 332 r/w 34 I.P.C. Consequent to power failure,

some consumers and their relatives are allegedly rushed into the

K.S.E.B office demanding restoration of power supply. In the course

of that incident, they are alleged to have committed the offence under

Section 332 I.P.C. That is the only non bailable offence alleged in the

crime. Petitioners, who are others and relatives of some of the

customers apprehend arrest.

2. The learned Public Prosecutor submits that the

investigation is in progress and it is too early to specify whether the

petitioners are required to be arrested as accused. I am satisfied,

that interim directions can be issued and the Investigator can be

given some time to specify whether the petitioners are required to be

arrested or not.

3. The case shall be called again on 17.07.2007. The learned

Public Prosecutor shall take instructions as to whether the petitioners

are required to be arrested. If in the meantime they were arrested,

they shall be released on their executing a bond without sureties for

Rs.25,000/- (Rupees Twenty five thousand only). In the event of such

arrest and release, the petitioners shall appear in person before this

B.A.No.4003 of 2007 4

Court on the next date of posting.

(R.BASANT, JUDGE)

rtr/-