This court dismissed an application for anticipatory bail under Section 438 CrPC filed by the accused in a case under Sections 376 and 312 IPC, holding the petitioner not entitled to bail based on the case diary facts.
Application for anticipatory bail dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 4 of 2009() -------------------------CRIME NO.287 OF 2008 OF UPPUTHARA POLICE STATION PETITIONER(S): ACCUSED -------------------SANTHOSH.K.R. S/O.RAJAN, 24 YEARS, KARIMATTOM HOUSE, UPPUTHARA.
BY ADV. SRI.S.RAJEEV
RESPONDENT(S): COMPLAINANT ---------------------------------------------STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.287/2008 OF UPPUTHARA POLICE STATION)
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.4 of 2009
Dated this the 2nd day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in Crime No.287 of 2008 of Upputhara Police Station.
Sections 376 and 312 of the Indian Penal Code.
the facts and circumstances of the case, the nature of the offence involved and the allegations made against the petitioner, I do not think
that the petitioner is entitled to get anticipatory bail.
The Bail Application is accordingly dismissed.
K.T.SANKARAN, JUDGE
csl
BA No. /2009 2
BA No. /2009 3
K.T.SANKARAN, JUDGE
csl
2 issues framed by the court
Whether the petitioner accused under Sections 376 and 312 IPC is entitled to anticipatory bail.
Whether the facts and circumstances, nature of offence and allegations warrant granting bail under Section 438 CrPC.
2 provisions across 2 enactments
SANTHOSH.K.R.
STATE OF KERALA
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
