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Mithun Raj S vs State Of Kerala on 3 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941

Bail Appl..No. 2084 of 2019

PETITIONER/S:

1 MITHUN RAJ S.
AGED 31 YEARS
S/O.SIVARAJAN, SOUPARNIKA, NEDUMPANA P.O., KOLLAM-
691576.

2 SIVARAJAN,
AGED 64 YEARS
S/O.VASU, SOUPARNIKA, NEDUMPANA P.O., KOLLAM- 691576.

3 VALSAMMA,
AGED 60 YEARS
W/O.SIVARAJAN, SOUPARNIKA, NEDUMPANA P.O., KOLLAM-
691576.

4 MITHIN RAJ,
AGED 30 YEARS
S/O.SIVARAJAN, SOUPARNIKA, NEDUMPANA P.O., KOLLAM-
691576.

BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH

RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-31.

2 SUB INSPECTOR OF POLICE,
VARKALA POLICE STATION, THIRUVANANTHAPURAM- 695141.

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2084/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No. 2084 of 2019
———————————————-
Dated this the 3rd day of April, 2019

ORDER

In the above bail application, the petitioners have only

apprehended that a crime may have been registered in the

Varkkala Police Station as against the petitioners for the offence as

per Section 498A of the Code of Criminal Procedure. Now the

learned Public Prosecutor on the basis of instructions would

submit that Crime No.535/2019 has been registered by the

Varkkala Police Station, Thiruvananthapuram District for offences

as per Section 498A r/w. Section 34 of IPC. However, the learned

Public Prosecutor would say that he does not have detail factual

instructions as to who all are the other accused apart from the 1 st

petitioner and the nature of the allegations raised as against them.

2. The learned counsel for the petitioner would submit

that the leave may be granted to the petitioner to withdraw the bail

application to file a comprehensive application for anticipatory

bail, after getting all the details and that this Court may direct the

respondents to make available copies of the FIR in the FIS to the

petitioner’s counsel to proceed in that regard.
B.A.No.2084/2019 3

3. Accordingly, it is ordered that the learned Public

Prosecutor will ensure that a copy of the FIR in FIS in respect of

the Crime No.535/2019 of Varkala Police Station is made available

to the counsel for the petitioners herein within two days. Leave is

accorded to the petitioners to work out their remedies in

accordance with law.

With the said liberty, the above application will stand

disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd
B.A.No.2084/2019 4
B.A.No.2084/2019 5

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