The High Court at Ernakulam, Kerala, heard an application for anticipatory bail under Section 438 CrPC. The petitioner faced charges of receiving stolen property. The Court dismissed the application, finding that custodial interrogation was necessary for investigation.
The Bail Application is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931
Bail Appl..No. 423 of 2010() ---------------------------CRIME NO.375/09 OF CHADAYAMANGALAM POLICE STATION, KOLAM
PETITIONER/2ND ACCUSED
-----------------------------------------S.SATHEK ALI, S/O. SAINULABDEEN, AGED 28 YEARS, KALUTHUVILAGATHUPUTHEN VEEDU, THAIKAVU, KADAYALKALIYAL P.O.
BY ADV. SRI.SUMAN CHAKRAVARTHY
RESPONDENT(S): COMPLAINANT
-------------------------STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.TEKCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.423 of 2010
Dated this the 2nd 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 accused No.3 in Crime No.375 of 2009 of Chadayamangalam Police Station.
BA No.423/2010
2
the petitioner. There are also other materials, prima facie, to indicate that the petitioner is involved in the offence.
BA No.423/2010
3
allegation is that he received the stolen property. The appropriate Section of offence would be Section 411 of IPC. Even if that Section was omitted to be included in the FI statement, that is not a ground for claiming anticipatory bail.
For the aforesaid reasons, the Bail Application is dismissed.
K.T.SANKARAN,
JUDGE
csl
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the allegations of receiving stolen property.
Whether the omission of Section 411 IPC from the First Information Statement precludes the grant of bail.
6 provisions across 2 enactments
S.Sathek Ali
State of Kerala, represented by its Public Prosecutor
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
