IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 5021 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2564/2009 CRIME NO. NOT KNOWN OF SHORNUR POLICE STATION, PALAKKAD. .................... PETITIONER/ACCUSED: -------------------------------------- K.P.S.JAYAN AGED 49 YEARS, S/O. SIVA SANKARAN NAIR,SREE LAKSHMI, OLARI DESOM, PULLAZHI VILLAGE, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENTS/ COMPLAINANT: --------------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR, PALAKKAD. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5021 of 2009 ------------------------------------ Dated this the 16th day of November, 2009 O R D E R Apprehending arrest by Deputy Superintendent of Police, Shornur or any of the Police Officers in the Shornur Police Station, the petitioner has approached this Court under Section 438 of the Code of Criminal Procedure for anticipatory bail. 2. When the Bail Application came up for hearing on 21/10/2009, the following order was passed: “The petitioner had earlier filed Bail Application No.2564 of 2009 for anticipatory bail apprehending arrest by Thrissur West Police. That application was dismissed by the order 19th May, 2009 recording that no case was registered against the petitioner and that there was no intention to arrest the petitioner. Now, the petitioner has again approached this Court. 2. The learned counsel for the petitioner submitted that Crl. M.C. No.1648 of 2007 was B.A. No. 5021/2009 2 filed by the petitioner before the Sessions Court, Thrissur when there was an apprehension of arrest by the Shornur Police. That application was disposed of by the order dated 21st May 2007. 3. The petitioner has approached this Court again with a grievance that there is a threat by the Shornur Police to arrest him. On all these occasions, the petitioner was apprehending arrest on the basis of a petition filed by Vipin Kumar and his brother Sajeev Kumar. 4. A party cannot be allowed to file successive applications before court for the same relief. Similarly, the police also cannot be permitted to defeat such petitions saying that 'no crime is registered' on every occasion when the application for anticipatory bail is filed. There must be an end to this practice by either side. Let the Deputy Superintendent of Police, Shornur make it clear, by filing a statement, whether he has received any B.A. No. 5021/2009 3 petition from Vipin Kumar or his brother Sajeev Kumar and if so, whether he intends to register a crime. The Deputy Superintendent of Police shall file a statement within a period of ten days. 5. The learned Public Prosecutor submitted that the second respondent had only directed the petitioner to appear before the police to collect certain information, but the petitioner has not appeared. Post after ten days. The petitioner shall not be arrested by the second respondent or by any of his subordinates in connection with the case referred to above until further orders.” 3. The Deputy Superintendent of Police, Shornur has filed a statement dated 9/11/2009, which reads as follows: “ It is respectfully submitted that a petition has been received in the Office of the Deputy Superintendent of Police, Shornur, submitted by Sri. Bipin Kumar V.S., S/o. V.N.Surendranadhan, B.A. No. 5021/2009 4 Valiyaparambil Veedu, Thriumittakode, Arangottukara (PO), Palakkad District, now residing at Abu Dhabi through Non Residents Keralite Affairs Department, against Sri. Jayan, S/o.Sivasankaran, Pullazhi Village, Thrissur and Sri. Sukumara Pillai, former Manager, Bank of India, West Fort Branch, Thrissur, for personal enquiry,necessary action and report vide endorsement No. G3/15333/09 P dated 28/04/2009 of the Superintendent of Police, Palakkad. A true copy of the covering letter issued by NORKA Department and the petition are herewith produced and marked as Annexure R2(a) & R2(b) respectively. The same was entered as petition No.123/1403/SOPTN/09 SS on 5/5/2009. 2. It is respectfully submitted that the gist of the allegation in the Annexure R2(b) petition is that the counter petitioners therein jointly cheated him by using the documents of his landed property which was pledged in the Indian Bank, West Fort Branch, B.A. No. 5021/2009 5 Thrissur. 3. It is submitted that in order to make enquires regarding the genuineness of the petition, a notice was sent to the petitioner in the bail application, Sri. Jayan, but the same could not be served since the petitioner was not available in the given address. The petitioner in Annexure R2(b) complaint Sri. Vipin Kumar is in abroad and hence he could not be questioned. However, the matter was enquired by recording the statement of Sri. Sajeev Kumar, brother of the petitioner. According to him, the allegation of cheating committed by the counter petitioners is true. However, this respondent has not registered any case in this regard on the basis of above petition and accordingly the enquiry report has already been submitted to the Superintendent of Police, Palakkad. Under the circumstances, it is humbly stated this respondent does not intend to arrest the petitioner in connection with Annexure B.A. No. 5021/2009 6 R2(b) petition. It is therefore humbly prayed that this Hon'ble Court may be pleased to accept the statement and pass appropriate orders in the above case.” The statement filed by the Deputy Superintendent of Police is recorded and accordingly, the Bail Application is closed with liberty to the petitioner to approach this Court again as and when occasion arises. K.T. SANKARAN, JUDGE scm