Anticipatory Bail Application under Section 438 CrPC rejected. Court held that despite settlement between parties, serious nature of allegations including grievous hurt with fracture rendered it unfit for anticipatory bail.
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 MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Bail Appl..No. 2684 of 2010() ----------------------------CMC.443/2010 of D.C. & SESSIONS COURT,KOZHIKODE .................... (CRIME NO.187/2010 OF THAMARASSERY POLICE STATION) PETITIONER/2ND ACCUSED: -------------------C.P.MUHAMMED,AGED 40,S/O.ABOOBACKER HAJI RESIDING AT CHORAPPANIYIL HOUSE,PUDUPPADY AMSOM DESOM,POST KAKKADE,KOZHIKODE DISTRICT.
BY ADV. SMT.BINDU GEORGE
RESPONDENT(S): --------------STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ SMT.K.K.PREETHA FOR R2
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J
B.A No.2684 OF 2010
Dated this the 10th day of June 2010
ORDER
This petition is for anticipatory bail.
2
B.A No.2684 OF 2010
and for bail under Section 437 are different.
Petition is dismissed.
K.HEMA JUDGE
vdv
2 issues framed by the court
Whether the cause being settled between parties is a fit case for grant of anticipatory bail.
Whether the positive allegations of grievous hurt make the case non-locus for anticipatory bail.
1 provisions across 1 enactments
CP.MUHAMMED
STATE OF KERALA
KHEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
