Petitioner challenged anticipatory bail granted to accused No.1 alleging criminal antecedents. Court held absence of specific abuse allegations and prosecution indiscretion meant Section 439(2) Cr.P.C powers not invoked; petition dismissed.
Petition under Section 439(2) Cr.P.C for cancellation of anticipatory bail 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 MR. JUSTICE R.BASANT
FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930
Crl.MC.No. 953 of 2008()
PETITIONER:
JAYASARAVANA BALAJI S/O.H.R.S. MUTHUKRISHNAN, DIRECTOR OF MADHAVAMANI AND KCT STEELS, NATTUKAL KOZHINJAMPARA, PALAKKAD.
BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN
SRI.R.SURAJ KUMAR
RESPONDENTS:
BY PUBLIC PROSECUTOR, SRI.K.C. SANTHOSH KUMAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Crl.M.C. No. 953 OF 2008
Dated this the 23rd day of May, 2008
O R D E R
Petitioner is the de facto complainant in Crime No.191/2007 of Kozhinjampara Police Station. A complaint was referred to the police by the learned Magistrate under Section 156(3) Cr.P.C and it was accordingly that the said crime was registered. The crux of the allegations in the said complaint is that the accused person, 10 in number, had committed offences punishable under Sections 120B, 420 and 379 IPC inter alia, against the petitioner herein. The first accused came to this court with a prayer for anticipatory bail and by Annexure B order, subject to conditions, anticipatory bail was granted to the said accused(1st accused) who is the 3rd respondent herein.
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Crl.M.C. No. 953 of 2008
police in Annexure C statement has accepted that the first accused is involved in identical cases. In these circumstances, the bail granted to the 3rd respondent/1st accused is liable to be cancelled, it is submitted.
R. BASANT, JUDGE
ttb
Crl.M.C. No. 953 of 2008
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2 issues framed by the court
Whether the anticipatory bail granted in Crime No.191/2007 should be cancelled based on criminal antecedents of the first accused.
Whether the prosecution's failure to oppose the bail application constitutes indiscretion warranting the exercise of powers under Section 439(2) Cr.P.C.
1 provisions across 1 enactments
JAYASARAVANA BALAJI
THE STATE OF KERALA
C.LALAJI
R.BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
