Kerala High Court
Sajan Sasidharan vs Sreekumar S on 27 October, 2025
CON.CASE(C) NO. 2538 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE P. V. BALAKRISHNAN
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
CON.CASE(C) NO. 2538 OF 2025
PETITIONER/S:
SAJAN SASIDHARAN, AGED 42 YEARS
S/O G SASIDHARAN SAJAN NIVAS, KARIKULAKKAL KOMALLOOR PO, ALAPPUZHA
(DIST)-, PIN - 690505
BY ADV SRI.M. RAJESH
RESPONDENT/S:
SREEKUMAR S
AGED 46 YEARS
FATHERS' NAME NOT KNOWN INSPECTOR OF POLICE, NOORANADU POLICE STATION,
ALAPPUZHA (DIST)-, PIN - 690504
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Heard on the question of admission.
2. The present contempt case has been filed under Sections 11
and 12 of the Contempt of Courts Act, 1971, read with Article 215 of the
Constitution of India, alleging non-compliance with the directions
contained in the case of Arnesh Kumar v. State of Bihar and another1, and
also relying on the judgment of the Apex Court in Special Leave to Appeal
(Criminal) No. 1758/2022, wherein the Apex Court observed as follows:
".... it is expected from the Trial Court to take note of non-compliance of
Section 41(A) Cr.P.C and dispose of the application for post-arrest bail, if
any, filed by the petitioners within a reasonable time, as expeditiously as
possible.
We deprecate such practice of the Police Officer in overstepping after the
matter being instituted in this Court and taking the petitioners into
custody without compliance of Section 41(A) Cr.P.C and keeping in view
the judgment of this Court in Arnesh Kumar v. State of Bihar and another
(supra)."
2014 (3) KLJ 330
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2. The learned counsel for the petitioner contended that the
respondent has committed contempt of this Court as well as of the
Hon'ble Supreme Court by not adhering to the mandate in Arnesh Kumar
(supra) resulting in the petitioner's arrest. The respondent has not cared
to issue a notice under Section 41(A) of the Cr.P.C., even though an
application for anticipatory bail was pending before the Sessions Judge.
Therefore, it is submitted that contempt proceedings be initiated against
the respondent herein.
3. We have perused the order passed by the Apex Court in
Arnesh Kumar (supra). During the pendency of the application under
Section 438 of Cr.P.C. the petitioner has been arrested. It is not known
as to whether the procedure under Section 41(A) Cr.P.C. has been
complied or not. However, the fact remains that once a person is
arrested, he is required to apply for regular bail under Section 439 of
Cr.P.C. From the perusal of the contempt petition it is seen that there is
no order passed by this Court, except granting permission to withdraw
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the bail application and to approach the Sessions Court.
4. In view of the above, no willful or deliberate attempt has been
made to flout the orders of this Court. Contempt proceedings cannot be
initiated solely on the basis of the general directions issued by the Apex
Court. We are of the considered opinion that no case of contempt is made
out to warrant initiating proceedings against the respondent in the
present case.
Accordingly, the contempt petition is dismissed in limine. However,
the petitioner shall be at liberty to seek appropriate remedies in
accordance with law, if so advised.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
P. V. BALAKRISHNAN
JUDGE
jjj
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APPENDIX OF CON.CASE(C) 2538/2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE COMPLAINT DATED 18.08.2025 PREFERRED BY
THE VASAVAN SS BEFORE THE RESPONDENT
Annexure 2 . THE TRUE COPY OF THE FIR IN CRIME NO. 1443/2025 DATED
09.09.2025 OF NOORANADU POLICE STATION
Annexure 3 THE TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF
KERALA IN BA NO. 11975/2025 DATED 07.10.2025
Annexure 4 THE TRUE COPY OF THE AGREEMENT DATED 11.07.2022 ENTERED
BETWEEN THE PETITIONER AND THE DEFACTO COMPLAINANT
Annexure 5 . THE TRUE COPY OF THE REMAND APPLICATION DATED 21.10.2025 IN
CRIME NO. 1443/25 OF NOORANADU POLICE STATION, IN RESPECT OF
THE PETITIONER,
Annexure 6 A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT
REPORTED AS ARNESH KUMAR V. STATE OF BIHAR 2014 (3) KLJ 330
Annexure 7 THE TRUE COPY OF THE JUDGEMENT DATED 11.03.2022 OF THE
HON'BLE APEX COURT IN JAGDISH SHRIVASTAV VS STATE OF
MAHARASHTRA (SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 1758/2022)
