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Nishar.P.K vs State Of Kerala on 9 October, 2019

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.
——————————————-
B.A.No. 6808 of 2019
———————————————-
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

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