In this anticipatory bail application under Section 438 CrPC, the petitioner apprehended arrest due to a threat. The prosecution admitted no FIR was registered. The court closed the application on this basis.
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 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 2763 of 2009() ----------------------------CRIME NUMBER NOT KNOWN TO THE PETITIONER PETITIONER : -------------------SELVIN, S/O. FRANCIS, KUMBALATH VITHAYATHIL, PAPPINIVATTOM, KODUNGALLUR.
BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH
RESPONDENT(S): ---------------
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, MATHILAKAM.
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.2763 of 2009
Dated this the 16th day of June, 2009
ORDER
The petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure stating that the petitioner apprehends arrest on an accusation of having committed non bailable offence. It is stated that one Joy has threatened that a complaint would be filed against the petitioner alleging non bailable offence and that he would see that the petitioner is arrested and detained.
The submission made by the learned public prosecutor is recorded and the Bail Application is accordingly closed.
K.T.SANKARAN, JUDGE
csl
BA No. /2009 2
1 issue framed by the court
Whether anticipatory bail application can be granted where no FIR is registered and no complaint has been received by the police station.
SELVIN
STATE OF KERALA
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
