IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
Bail Appl..No.6808 OF 2019
CRIME NO.288/2019 OF Binanipuram Police Station , Ernakulam
PETITIONER/1st ACCUSED:
NISHAR.P.K
AGED 51 YEARS
S/O. KUJU BAVA,
PUTHEN VEETIL HOUSE, HOUSE NO. 6, NEPTUNE GARDENS,
WEST KADUNGALLOOR, ALUVA, 683 110, ERNAKULAM
DISTRICT.
BY ADV. SRI.P.A.ISMAIL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT,
ERNAKULAM.
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6808/2019 2
ALEXANDER THOMAS, J.
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B.A.No. 6808 of 2019
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Dated this the 9th day of October, 2019
ORDER
The petitioner herein has been arrayed as accused No.1 in the
instant Crime No.288/2019 of Binanipuram Police Station, which has
been registered for offences punishable under Sections 498A, Section294(b),
Section354, Section420, Section506 Section34 of the IPC on the basis of the F.I. Statement given by
the lady defacto complainant. Accused Nos. 2 and 3 in this crime had
already been granted anticipatory bail by this Court as per AnnexureA2
order dated 30.8.2019 in B.A.No.6022/2019 filed by those parties.
2. The learned Public Prosecutor would now submit on the
basis of instructions of the Investigating Officer concerned that it is
reliably learnt that the petitioner is now abroad and further that the
investigation has already been completed and the final
report/chargesheet has already been filed by the Investigating Officer
concerned in relation to this crime before the Judicial First Class
Magistrate Court-II, Aluva on 7.10.2019 and that since the investigation
has already been completed, the apprehension of the petitioner/accused
that he will be arrested in connection with the investigation of the above
said crime is without any factual foundation and that in view of the above
B.A.No.6808/2019 3
said aspects, the remedy of the petitioner is to approach the jurisdictional
Court concerned to seek bail immediately, pursuant to summons served,
after the said court has taken cognizance in the case. Recording the
above said submission of the Prosecutor, it is ordered that it is for the
petitioner to work out his remedies in the manner known to law.
With these observations and directions and with the above said
liberty, the above bail application will stand disposed of.
sd/-
ALEXANDER THOMAS, JUDGE
acd