The Court dismissed an anticipatory bail application. It held that the nature of allegations was serious, contradictory claims about duplicate cases were not impressive, and effective interrogation was required since 2003.
Petitioner directed to surrender before the Investigating Officer within seven days; petition dismissed.
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
WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930
Bail Appl..No. 6119 of 2008() ----------------------------CRIME NO.153/1998 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE AND RE-NUMBERED AS 302/CR/53/2004 OF CBCID, SIG III, KOZHIKODE
PETITIONER (S): 4TH ACCUSED
NAZAR, S/O. ABDUL HANEEFA, BEENA NIVAS, KOTTARAKARI, MURUKKUMPUZHA, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.GOPAKUMAR R.THALIYAL
RESPONDENT(S): STATE -------------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
B.A.No.6119 of 2008
Dated this the 22nd day of October, 2008
O R D E R
This petition is for anticipatory bail.
BA No.6119/08
2
recovered by the Museum police, a false report was given that the petitioner is required for recovery. But, a commission was taken at the instance of the petitioner and it was reported by the commissioner that the vehicle was available in the premise of the Museum Police Station. In the above circumstances, it is submitted that this is a false case and anticipatory bail may be granted to the petitioner.
BA No.6119/08
3
vehicles are also different. This fact is discernible from the annexures produced by the petitioner himself. The documents also refer to two different vehicles, a Maruti car and a Maruti van.
Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation.
With this direction, this petition is dismissed.
K.HEMA, JUDGE
csl
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner charged with theft in conspiracy.
Whether the allegation of duplicate registration of crimes for the same vehicle is sufficient to grant bail.
NAZAR
STATE OF KERALA
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
