The High Court of Kerala considered an anticipatory bail application filed by three accused persons. The court directed them to surrender and seek regular bail from the Magistrate and dismissed the petition.
Direction to surrender and seek regular bail; petition 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 M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931
Bail Appl..No. 4289 of 2009()
---------------------------------------CRIME NO.249/2009 OF SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT. ....................
PETITIONER/ACCUSED
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1. P.M.DAVID, S/O.MATHAI, AGED 45, S/O.PARACKAL HOUSE, MARHATHA FAMILY QUARTERS, KAIPPANCHERRY, SULTHAN BATHERI, WAYANAD DISTRICT.
2. P.S.SASI, AGED 57, S/O.SREEDHARAN, PLANCHERY HOUSE, SULTHAN BATHERI POST, SULTHAN BATHERI TALUK, WAYANAD DISTRICT.
3. MOHANDAS, AGED 53, S/O.A.JOHNSON, ROMAL COTTAGE, ARYANAD, TRIVANDRUM, LUTHERAN SHOPPING COMPLEX, SULTHAN BATHERI, WAYANAD POLICE STATION LIMIT.
BY ADV. MR.PRAVEEN K. JOY
RESPONDENT/COMPLAINANT & STATE
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. S.I. OF POLICE, SULTHAN BATHERY POLICE STATION.
R1 & R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.Sasidharan Nambiar, J.
B.A.No.4289 of 2009
ORDER
Petitioners are accused 1 to 3 in Crime No. 249/2009 of Sulthan Bathery Police Station. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail, apprehending arrest. Petitioners have approached Sessions Court, Wayanad for anticipatory bail. Under Annexures-5 and 6 orders, learned Sessions Judge directed the petitioners to surrender before the Magistrate and apply for regular bail.
With that liberty, petition is dismissed.
5th August, 2009 tkv
(M.Sasidharan Nambiar, Judge)
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail.
1 provisions across 1 enactments
P.M. David, P.S. Sasi, Mohandas
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
