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.
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B.A.No. 2084 of 2019
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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