Justice K.T. Sankaran dismissed anticipatory bail applications filed by multiple accused persons charged with offences under various sections of the IPC, finding no basis for discretionary relief under Section 438 CrPC.
Bail applications dismissed; no anticipatory bail granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931
Bail Appl..No. 2591 of 2009() ----------------------------CRMP.952/2009 of SESSIONS COURT (ADHOC-II)KASARAGOD CRIME NO.89/2009 OF ADHUR POLICE STATION ....................
PETITIONERS (S): ACCUSED NOS.1, 3, 5, 6, 7, 8 & 9
BA 2591/09
RESPONDENT(S): ------------------------
STATE OF KERALA -REPRESENTED BY SUB INSPECTOR OF POLICE, ADHUR POLICE STATION-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, ALONG WITH B.A.NO.3063/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.Nos.2591 & 3063 of 2009
Dated this the 12th day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bail Application No.2591 of 2009 is filed by accused Nos.1, 3 and 5 to 9 while Bail Application No.3063 of 2009 is filed by the second accused in Crime No.89 of 2009 of Adhur Police Station.
BA No.2591 /2009
2
case, the nature of the offence, injury sustained by the defacto complainant and other circumstances, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure.
The Bail applications are accordingly dismissed.
K.T.SANKARAN, JUDGE
csl
1 issue framed by the court
Whether petitioners are entitled to discretionary anticipatory bail under Section 438 CrPC given the nature of offences and injuries sustained.
1 provisions across 1 enactments
Accused Nos. 1, 3, 5 to 9
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
