Dismissing an anticipatory bail application, the Court held available inputs did not show unjustified suspicious arresting the petitioner was necessary for proper investigation, and granted regular bail upon surrender only.
Anticipatory bail application dismissed; petitioner directed to seek regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
THURSDAY, THE 13TH DECEMBER 2007 / 22ND AGRAHAYANA 1929
Bail Appl..No. 7489 of 2007() ----------------------------CRIME NO. 559/07 OF KANNUR TOWN POLICE STATION ....................
PETITIONER/ACCUSED
----------------------------------SANDEEP, S/O. PADMANABHAN, AGED 33 YRS, RESIDING AT MINNANGAT, KAKKAD, KANNUR.
BY ADV. SRI.P.M.PAREETH
RESPONDENTS: RESPONDENT
----------------------STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 7489 OF 2007
Dated this the 13th day of December, 2007
ORDER
Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable under Sec.427 of the IPC and Secs.3 and 5 of the Explosive Substances Act. The crux of the allegations in the crime is that an attack with an explosive was mounted against the General Manager of a spinning mills. Disciplinary action had been initiated against the petitioner and the petitioner was kept out of employment by the General Manager. The General Manager expressed suspicion even in the First Information Statement that the petitioner must have been the person responsible for indulging in such overt act. When the F.I.R. was registered, except suspicion, there was no tangible data available. Investigation has commenced. The petitioner
B.A. No. 7489 OF 2007 -: 2 :-
apprehends imminent arrest.
B.A. No. 7489 OF 2007 -: 3 :-
involvement in the crime.
B.A. No. 7489 OF 2007 -: 4 :-
Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing allegations of explosive attack and mischief with dangerous substance.
3 provisions across 3 enactments
SANDEEP, S/O. PADMANABHAN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
