Kerala High Court
Bail Appl./8781/2021 of HARIS V.H. Vs SUB INSPECTOR OF POLICE on 31 December 2021
8781/2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 8781 OF 2021 CRIME NO.600/2019 OF Vadakkanchery Police Station, Thrissur PETITIONERS: 1 HARIS V.H., AGED 32 YEARS
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
BAIL APPL. NO. 8781 OF 2021
CRIME NO.600/2019 OF Vadakkanchery Police Station, ThrissurPETITIONERS:
1HARIS V.H., AGED 32 YEARS
S/O.HARIDAS, RESIDING AT VADAKKEKKARA HOUSE, VADAKKANCHERY P.O., TRISSUR DISTRICT.
2HARIDAS V.P., AGED 56 YEARS
S/O.PADMANABHAN, RESIDING AT VADAKKEKKARA HOUSE, WADAKKANCHERY P.O., TRISSUR DISTRICT.
3HARISH DAS V.H., AGED 29 YEARSS/O.HARIDAS, RESIDING AT V ADAKKEKKARA HOUSE, WADAKKANCHERY P.O., TRISSUR DISTRICT.S/O.HARIDAS, RESIDING AT V ADAKKEKKARA HOUSE, WADAKKANCHERY P.O., TRISSUR DISTRICT.
BY ADV K.V.RASHMI
RESPONDENTS:
1SUB INSPECTOR OF POLICEWADAKKANCHERY POLICE STATION, TRISSUR DISTRICT - 680 584.WADAKKANCHERY POLICE STATION, TRISSUR DISTRICT - 680 584.2STATE OF KERALAREP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.3KANNANS/O.VIJAYAKUMAR, THAZHATHEKALATHIL HOUSE, S/O.VIJAYAKUMAR, THAZHATHEKALATHIL HOUSE, PALLAM P.O., THRISSUR - 679 532.
BY SMT.T.V.NEEMA - PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.12.2021, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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ORDER
This is an application for anticipatory bail filed by accused Nos.1 to 3 in C.P.No.58/2021 pending on the file of the JudicialFirst Class Magistrate Court, Wadakkancherry.
2. Heard both sides.
3. Annexure D series produced along with the bail application would show that, in fact, summons were issued bythe learned Magistrate directing the petitioners to appear at thecourt on 30.10.2021. The learned counsel for the petitionerssubmits that the accused did not appear at the court belowapprehending that on appearance they would be remanded. Thecounsel further submits that the time sought for appearance wasallowed and now ultimately the committal proceedings standsposted to 24.1.2022 for appearance of the petitioners. Thecounsel asserts that no non-bailable warrant was issued or pending against the petitioners. If no non-bailable warrant wasissued by the court below, there is no reason for such anapprehension.
If the petitioners appear at the court below on 24.1.2022 on summons, the court below shall release them on bail on suchcondition as the court below deem fit to impose upon them. It ismade clear that if non-bailable warrant has already been issuedby the court below, appropriate order under the law shall bepassed by the court below. The petitioners shall co-operate withthe committal proceedings.
The bail application is disposed of as above.
ab
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE