The High Court of Kerala dismissed an application for anticipatory bail under Section 438 CrPC. The court held that the grave nature of the offences (forgery and cheating) and the need for custodial interrogation made it unfit for granting bail.
Bail application dismissed; anticipatory bail not granted.
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
MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931
Bail Appl..No. 412 of 2010() -------------------------------CRIME NO. 155/2009 OF HOSDURG POLICE STATION
PETITIONER/ACCUSED :
---------------------------
ABDUL SATHAR, S/O.ABDUL KHADER, RESIDING AT AVIKAMA DESOM, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.T.MADHU
RESPONDENT/STATE : -------------------------
THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SRI. M.S.BREEZ PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T. SANKARAN, J.
B.A. No. 412 of 2010
Dated this the 8th day of March, 2010
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 accused in Crime No.155/2009 of Hosdurg Police Station, Kasaragod District.
B.A. No. 412/2010 2
Section 438 of the Code of Criminal Procedure.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
ln
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest.
Whether custodial interrogation is required for the proper investigation of the case.
If anticipatory bail is granted, would it adversely affect the investigation.
1 provisions across 1 enactments
Abdul Sathar
The State
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
