The Kerala High Court dismissed an anticipatory bail application where the petitioner was not an accused in any pending crime. The court held that questioning is the only necessity, which can be done by notice under Section 160 CrPC, and closed the application without arrest.
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 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 3986 of 2009() ----------------------------CRIME NO.NOT KNOWN OF THRIKKAKARA POLICE STATION PETITIONER : -------------------BABU JOSE, S/O. JOSE, THANNIYAMPARAYIL HOUSE, THODUPUZHA EAST P.O., THODUPUZHA, IDUKKI DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENT(S): STATE -------------------THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.3986 of 2009
Dated this the 18th day of August, 2009
ORDER
This is an application for anticipatory bail filed by the petitioner apprehending arrest by Thrikkakara Police on an accusation of having committed non bailable offence. He has not mentioned the crime number in the Bail Application. The learned public prosecutor submitted that the petitioner is not an accused in any crime pending before the Thrikkakara Police for the time being and therefore, it is not necessary for the police to arrest the petitioner. The learned Public Prosecutor submitted that in respect of an offence which is pending in Crime No.967 of 2009, it is necessary that the petitioner should be questioned. Nothing prevents the police from issuing notice to the petitioner under Section 160 of the Crl.P.C. With this observation, the Bail Application is closed leaving open the right of the petitioner to approach this Court again if and when occasion arises.
K.T.SANKARAN, JUDGE
csl
1 issue framed by the court
Whether an application for anticipatory bail can be maintained when the petitioner is not an accused in any pending crime and police have not recommended arrest.
1 provisions across 1 enactments
Babu Jose
State of Kerala
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
