In a bail application for anticipatory bail, the Kerala High Court dismissed the plea holding that the case did not warrant the exercise of extraordinary equitable discretion. The court directed petitioners to seek regular bail through the appropriate authority.
Disposal of anticipatory bail application; no bail granted; petitioners 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 6TH MARCH 2008 / 16TH PHALGUNA 1929
Bail Appl..No. 1038 of 2008()
----------------------------CRIME NO. 171/08 OF PERUMBAVOOR POLICE STATION
PETITIONERS : ACCUSED
BY ADV. SRI.GIGIMON ISSAC
RESPONDENTS:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
BY PUBLIC PROSECUTOR SRI. S.U. NAZAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 6th day of March, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 to 3. Three named persons (the petitioners) and 30 identifiable others are arrayed as accused in the crime. The crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest.
B.A.No. 1038 of 2008
2
of theirs, who was also present in the hospital, along with them went out of the hospital to pursue efforts for settlement, they were allegedly assaulted again. They suffered injuries. They were afraid of continuing in the same hospital and therefore they had gone to another hospital to continue the treatment.
B.A.No. 1038 of 2008
3
B.A.No. 1038 of 2008
4
Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously.
(R. BASANT) Judge
tm
2 issues framed by the court
Whether the circumstances of the case justify the issuance of anticipatory bail in pursuance to Section 438 Cr.P.C.
Whether the petitioners must resort to the ordinary procedure of seeking regular bail from the authorities.
DAS @ SIYAD CHALILPARAMBIL
SENTHIL KUMAR SHANDHI
VISHNU
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
