The Court refused to dispose of five bail applications on merits due to lack of clear arrest details. The petitioner was directed to approach the Magistrate's courts for default or regular bail instead.
Petitioner directed to approach Magistrate's court for default bail or regular bail; Bail Applications disposed of without merits.
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 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 1134 of 2010() ----------------------------CRIME NO.112/09 OF PALLICKAL POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED NO.1 ------------------------------------------AJI @ ANI, S/O.SATHYAN, SARATH BHAVANAM THOKKAD MURI, CHEMMARUTHI VILLAGE, VARKALA, NOW AT CHIRAYIL PUTHEN VEEDU, EZHIPURAM LAKSHAMVEEDU COLONY, PARIPALLY, KOLLAM.
BY ADV. SRI.LIJU. M.P
RESPONDENT(S): COMPLAINANT -------------------------STATE OF KERALA, REP. BY CIRCLE INSPECTOR, CIRCLE OFFICE, CHAVARA, KOLLAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, ALONG WITH BA NO.1135 OF 2010 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.Nos.1134, 1135, 1136, 1137 & 1138 of 2010
Dated this the 10th day of March, 2010
O R D E R
These Bail Applications are filed under Section 439 of the Code of Criminal Procedure by Aji @ Ani, who is one of the accused in five crimes registered in different police stations for the offence under Section 379 read with Section 34 of the Indian Penal Code.
| BA No. ------------------ |
Crime No. ----------------- |
Name of Police Station --------------------------------------- |
Rank --------------------- |
|---|---|---|---|
| 1134/2010 | 112/09 |
Pallikkal Police Station | 1staccused |
| 1135/2010 | 134/10 |
Varkala Police Station | 3rdaccused |
| 1136/2010 | 621/09 |
Kadakkal Police Station | 3rdaccused |
| 1137/2010 | 85/09 |
Anchuthengu Police Station |
1staccused |
| 1138/2010 ---------------- |
135/10 ---------------- |
Varkala Police Station ------------------------------------- |
2ndaccused -------------------- |
BA No.1134/2010 & conn. cases
2
BA No.1134/2010 & conn. cases
3
petitioner also submitted that since the petitioner was arrested on 25.12.2009 and since charge sheet was not filed in the cases (except in one case), the petitioner is entitled to default bail under the proviso to Section 167(2) of the Code of Criminal Procedure in those cases where charge sheet is not filed within the time prescribed.
BA No.1134/2010 & conn. cases
4
However, I am not disposing of the Bail Application on the merits in that case as well (Bail Application No.1138 of 2010) and the petitioner is given liberty to apply for bail afresh before the Magistrate's court concerned, in spite of the fact that the application for bail filed by the petitioner was rejected earlier by the Judicial Magistrate of the First Class, Karunagappally as per the order dated 14.1.2010.
The Bail Applications are disposed of as above with liberty to the petitioner to approach this Court if occasion arises.
K.T.SANKARAN,
csl
2 issues framed by the court
Whether the petitioner is entitled to default bail under Section 167(2) CrPC or regular bail in the present appeal.
Whether the High Court can dispose of a bail application on its merits when details of formal arrest are unavailable.
3 provisions across 2 enactments
Aji @ Ani
State of Kerala
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
