Disposes of a second anticipatory bail application by dismissing it, directing the petitioner to surrender before the Magistrate Court within seven days, and refusing to exercise jurisdiction under Section 438 Cr.P.C due to non-compliance with earlier directions.
Petitioner directed to surrender before the Magistrate Court within seven days.
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 MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930
Bail Appl..No. 5829 of 2008() ----------------------------AGAINST THE JUDGEMENT/ORDER IN BA.1312/2008 CRIME NO.94/08 OF NORTH ARAVUR POLICE STATION
PETITIONER/ACCUSED -------------------------------------PRAMOD P.K., S/O.KALADHARAN, AGED 22 YEARS, PEECHANAT HOUSE, EZHIKKARA P.O., NORTH PARAVUR.
BY ADV. SRI.S.RAJEEV
RESPONDENT(S): STATE -------------------STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.94 OF 2008 OF NORTH PARAVUR POLICE STATION).
PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
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B.A.No. 5829 of 2008
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Dated this the 21st October, 2008
O R D E R
This is the second application for anticipatory bail.
2
BA.5829/08
“Having considered all the relevant inputs, I am unable to perceive any features in this case, which would justify the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C in favour of the petitioners. This I agree with the learned Prosecutor, is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course.”
3
BA.5829/08
The petitioner shall surrender before the Magistrate Court concerned within seven days from today.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.
2 issues framed by the court
Whether anticipatory bail should be granted despite repeated non-compliance with directions to seek regular bail.
Whether the petitioner's failure to avail of the direction to appear before the Magistrate Court justifies dismissal of the bail application.
1 provisions across 1 enactments
PRAMOD P.K.
STATE OF KERALA
KHEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
