Mathew Oomen vs State Of Kerala
2024 Latest Caselaw 26622 Ker

Kerala High Court

Mathew Oomen vs State Of Kerala on 5 September, 2024

Author: C.S.Dias

Bench: C.S.Dias

                                                2024:KER:67592


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR.JUSTICE C.S.DIAS

 THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                  BAIL APPL. NO. 6843 OF 2024

PETITIONER:

         MATHEW OOMEN
         AGED 65 YEARS
         S/O OOMEN.,M.C. HOUSE,
         THUKALASSERI MURI, THIRUVALLA VILLAGE,
         THIRUVALLA, PATHANAMTHITTA, PIN - 689101

         BY ADVS.
         R.KISHORE (KALLUMTHAZHAM)
         K.G.ALEXANDER
         TITO ANDREWS ALEXANDER




RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

    2    STATION HOUSE OFFICER
         AGED 38 YEARS
         THIRUVALLA POLICE STATION
         THIRUVALLA, PIN - 689101

         BY SMT.SEETHA.S
         SENIOR PUBLIC PROSECUTOR


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                     2024:KER:67592
B.A.No.6843 of 2024           -:2:-


             Dated this the 5th day of September, 2024

                            ORDER

The application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 ( in short,

BNSS), for an order of pre-arrest bail.

2. The petitioner apprehends arrest in an

unknown crime of the Thiruvalla Police Station, for

allegedly committing a non-bailable offence.

3. Heard; Sri. R. Kishore, the learned counsel

appearing for the petitioner and Smt.Seetha. S., the

learned Senior Public Prosecutor.

4. The learned Public Prosecutor, on instructions,

submitted that, as on today, there is no crime registered

against the petitioner, as alleged in the bail application.

The said submission is recorded.

In the light of the above submission, the bail

application is closed. It is made clear that, if the

presence of the petitioner is required by the Thiruvalla

police with regard to the allegations made in the bail 2024:KER:67592

application, he shall be issued with a notice under

Section 35(3) of the BNSS, if the offence alleged against

him is punishable for less than seven years.

Sd/-

C.S.DIAS,JUDGE mtk/05.09.24 2024:KER:67592

APPENDIX OF BAIL APPL. 6843/2024

PETITIONER ANNEXURES

Annexure :A1 THE TRUE COPY OF THE JUDGMENT IN O.S. NO.111/2012 DATED 23RD AUGUST 2016