This bail application for anticipatory bail under Section 438 CrPC was dismissed. The High Court held that the gravity of the alleged robbery offence and the specific allegations prevented granting discretionary relief.
Anticipatory bail was refused and the bail application 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 WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931
Bail Appl..No. 3474 of 2009() -------------------------------------CRIME NO. 203/2009 OF OLLUR POLICE STATION
PETITIONER: -------------------
ANEESH, AGED 24 YEARS, S/O.ARAVINDAKSHAN, KOZHIPARAMBIL HOUSE, PULLAZHY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT
RESPONDENT: ----------------------
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
BY SRI. M.S.BREEZ PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 3474 of 2009
Dated this the 12th day of August, 2009
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.203/2009 of Ollur Police Station.
Section 394 read with Section 34 of the Indian Penal Code.
a motor bike, attacked the defacto complainant and Kanakaraj and robbed a sum of Rs. 25,200/- from the defacto complainant. The defacto complainant is a person engaged in the business of lending money to the business men. The learned Public Prosecutor submitted that the second accused was arrested on 26.03.2009.
B.A. No. 3474 of 2009 2
case, the gravity of the offence alleged and the allegations against the petitioner, I am not inclined to grant Anticipatory Bail to the petitioner. The petitioner is not entitled to the discretionary relief
under Section 438 of the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
ln
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a robbery case.
Whether the gravity of the offence and allegations justify refusal of bail.
2 provisions across 2 enactments
Aneesh
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
