Single Judge dismissed bail application under Sections 143, 147, 148, 341 and 302 IPC. Noted political clash and witness intimidation risk prevented bail despite initial request to treat it under Section 439 Cr.P.C.
Bail application dismissed; petitioner remains in judicial custody.
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 K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931
Bail Appl..No. 2243 of 2009() ----------------------------CRIME NO.43/09 OF KANNAVAM POLICE STATION
PETITIONER(S): ACCUSED NO.2
P. RAJESH, S/O. GOPI, PAREKANDI, THERUVIL, KANNAVAM.P.O, CHITTARIPARAMBA - 670 650, KANNUR DISTRICT.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENT(S): RESPONDENT
------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
----------------------------------------B.A.No. 2243 of 2009
-----------------------------------------
Dated this the 3rd June, 2009
O R D E R
This bail application was originally filed under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.43/09 of Kannavam Police Station.
2
BA.2243/09
Taking into account the facts and circumstances of the case, I do not think that bail cannot be granted to the petitioner at this stage. The bail application is accordingly dismissed.
K.T.SANKARAN, JUDGE
vgs.
2 issues framed by the court
Whether bail can be granted to the accused in a murder case where release is likely to cause breach of peace and witness intimidation.
Whether to treat an application filed under Section 438 Cr.P.C. as one under Section 439 Cr.P.C. following arrest.
3 provisions across 2 enactments
P. Rajesh
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
