A High Court order dismissing an application for anticipatory bail, holding that no exceptional features exist to warrant invoking Section 438 Cr.P.C. The court directed the petitioners to approach the Magistrate for regular bail.
Petitioners directed to seek regular bail before the Magistrate.
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
WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929
Bail Appl..No. 689 of 2008()
---------------------------CRIME NO. 37/08 OF KATTAKKADA POLICE STATION
PETITIONERS/A1 & 2
BY ADV. SRI.C.S.MANILAL SRI.SABU.S KALIARMOOLA
RESPONDENTS:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR.
BY PUBLIC PROSECUTOR SRI. JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 20th day of February, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 and 2. Altogether there are three accused persons. The crime is registered for offences, inter alia, under Section 326
I.P.C. Both the petitioners are named in the F.I.R. The alleged incident took place on 19.1.2008. Fracture has been suffered by the victim. He was allegedly beaten with iron rod. Prior animosity is the alleged motive. Investigation is in progress. The petitioners apprehend imminent arrest.
counter case has also been registered as Crime No. 67 of 2008.
been registered, but points out that long after the incident only as a ploy to create a defence in this prosecution a private complaint has been filed on 12.2.2008. The same has been referred to the
police for due investigation under Section 156(3) Cr.P.C. Investigation does not reveal commission of any offence against
B.A.No. 689 of 2008
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the petitioners. The petitioners are not shown to have suffered any serious injuries, submits the learned Prosecutor.
(R. BASANT) Judge
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B.A.No. 689 of 2008
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2 issues framed by the court
Whether anticipatory bail should be granted to the accused under Section 438 Cr.P.C.
Where regular bail application overhead must be filed in Magistrate Court.
3 provisions across 2 enactments
SANTHOSH
SHIJIN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
