In this bail application, Justice K.T. Sankaran examined a petition by an accused person invoking Section 438 CrPC for anticipatory bail regarding offences under Sections 452 and 354 IPC. After perusing the case diary, the court determined the case was not fit for anticipatory bail.
The application for anticipatory bail was 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 K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2466 of 2009() ----------------------------CRIME NO.108/2009 OF SULTHAN BATHERY POLICE STATION
PETITIONER/ACCUSED -------------------------------------MEEATHALA KUTTAN @ RADHAKRISHNAN, AGED 35 YEARS, S/O. ACHUDAN,MEETHALA HOUSE, KIDANGANAD POST, VADAKKANADU, S.BATHERY TALUK.
BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S): STATE -------------------STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 108 OF 2009 OFSULTHAN BATHERY POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.2466 of 2009
Dated this the 9th 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.108 of 2009 of Sulthan Bathery Police Station.
The Bail Application is accordingly dismissed.
K.T.SANKARAN,
JUDGE
csl
2 issues framed by the court
Whether anticipatory bail should be granted to the accused under Section 438 CrPC given the nature of the offences charged under Sections 452 and 354 IPC.
Whether the facts and circumstances of the case make it a fit case for granting anticipatory bail.
2 provisions across 2 enactments
MEEATHALA KUTTAN @ RADHAKRISHNAN
STATE
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
