Single judge of Kerala HC dismissed an anticipatory bail application under Section 438 CrPC, holding that prima facie evidence connected the petitioner to the offences and discretionary relief was not warranted.
Bail application under Section 438 CrPC 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
THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931
Bail Appl..No. 3833 of 2009
CRIME NO.185 OF 2009 OF BALARAMAPURAM POLICE STATION
PETITIONER/3RD ACCUSED
BIJU, S/O.BALAN, CHITHARALAYAM, BHAGAVATHINADA, VEDIVACAHN COIL P.O., BALARAMAPURAM, NEYYATTINKARA.
BY ADV. SRI.G.SUDHEER
RESPONDENT: COMPLAINANT
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A. NO. 3833 OF 2009
Dated this the 13th 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 the third accused in Crime No.185 of 2009 of Balaramapuram Police Station.
Sections 143, 147, 148, 297, 323, 324 and 308 read with Section 149 of the Indian Penal Code.
case is foisted against the petitioner and that there is no material to connect him with the offence. I have gone through the case diary. Prima facie, I am not inclined to accept the contention of the petitioner.
case, the nature of the offence and the allegations levelled against the accused persons, I do not think that the petitioner is entitled to
B.A. NO. 3833 OF 2009
:: 2 ::
the discretionary relief under Section 438 of the Code of Criminal
Procedure.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN) Judge
ahz/
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the prima facie evidence against him.
1 provisions across 1 enactments
Biju
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
