Kerala High Court
Anjali K.B vs The State Of Kerala on 4 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(CRL.) NO. 296 OF 2024
PETITIONER :
ANJALI K.B
AGED 29 YEARS
W/O PRAJITH K.M. KAIPPULLY VEEDU,
NEW GENERATION ROAD, VELUTHUR P.O.,
THRISSUR-680 012, PIN - 680012
BY ADV P.R.SHAJI
RESPONDENTS :
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETERIAT, TRIVANDRUM,
PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,
PIN - 695001
3 ADDITIONAL DIRECTOR GENERAL OF POLICE
STATE CRIME BRANCH, THIRUVANANTHAPURAM,
PIN - 695001
4 THE SUPERINTENDENT OF POLICE
CRIME BRANCH, THRISSUR,
PIN - 680003
5 THE DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH EOW, THRISSUR UNIT,
THRISSUR, PIN - 680003
BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 296 OF 2024
2
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.296 of 2024
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Dated this the 4th day of April, 2024
JUDGMENT
Petitioner's husband Sri. Prajith K.M. was the Director of a company
by name M/s.Safe and Strong Business Consultants Limited. He was
arrested on 11.08.2023 and later various crimes were registered against
him and others.
2. Petitioner alleges that though several crimes have been
registered against the accused who were actually conducting the business
as M/s.Safe and Strong Business Consultants Limited and under other
names, after long periods of incarceration, they have been released by
orders of this Court. However, petitioner continues to remain in jail
despite getting bail in several cases. Petitioner continues in jail since
immediately after bail is granted in one case, police record his arrest in
another case and this continues every time petitioner obtained bail in a
case. As on date, more than 250 cases have been registered and
petitioner submitted that the first accused in all those cases have been
granted bail pursuant to the directions of this Court as seen from Ext.P2,
after recording his arrest. Petitioner seeks similar treatment to be meted
out to him as well.
WP(CRL.) NO. 296 OF 2024
3. I have heard Sri.P.R.Shaji, the learned counsel for the petitioner
as well as Sri.Noushad K.A., the learned Public Prosecutor.
4. On behalf of the respondents, the learned Public Prosecutor
submitted that as on date 272 cases have been registered against the
petitioner in which arrests have been recorded in 271 cases.
5. On a perusal of Ext.P2, it is noticed that in W.P.(Crl) No.381 of
2023, this Court had issued various directions including direction for
recording of arrest in every case registered as on the date of that
judgment and thereafter to issue Section 41A notices.
6. Having regard to the circumstances in the case, this Court is of
the view that the petitioner should also be given the same benefit as in
Ext. P2 judgment.
7. Accordingly, respondents 4 and 5 are directed to record the
arrest of the petitioner in all the crimes registered against him as on date
within a period of one week from today. However, if any case of a similar
nature as those that have already been registered are subsequently filed,
the procedure contemplated under Section 41A Cr.P.C. shall be followed
subject to the condition that if circumstances exist where the
Investigating Officer requires the arrest of the petitioner in crimes to be
registered hereafter, the directions in Arnesh Kumar v. State of Bihar
and Another [(2014) 8 SCC 273] and in Satender Kumar Antil v.
Central Bureau of Investigation and Another [(2022) 10 SCC 51],
and the provisions of Section 41(1)(ii) Cr.P.C. shall scrupulously be
WP(CRL.) NO. 296 OF 2024
complied with. Further, the Magistrate concerned shall scrutinize the
need for any detention in such cases with the seriousness it deserves and
not in a routine manners.
With the above observation, this writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 296 OF 2024
APPENDIX OF WP(CRL.) 296/2024
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE FIR IN CONNECTION WITH
CRIME NO. 47/CBEOW/TSR/2023
Exhibit P2 TRUE COPY OF THE JUDGMENT IN
W.P.(CRL.)NO.230 AND 381 OF 2023 DATED
25-08-2023
Exhibit P3 TRUE COPY OF THE BAIL GRANTED IN THE LAST
251ST CASE ALONG WITH THE OTHER CASES
BY THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE -III, PALAKKAD ON 24-02-2024
Exhibit P4 TRUE COPY OF THE FIR NO.1562/2023
OF KANNUR CITY POLICE STATION FILED BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
I, KANNUR
