Single judge of Kerala HC rejected bail application of accused in case of house breaking and theft. Court found petitioner involved in other crimes and likely to abscond, denying bail. Discriminated statutory bail period mentioned but not relied upon for decision.
Petition dismissed; bail not granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932
Bail Appl..No. 4246 of 2010() ----------------------------CMP.2522/2010 of J.M.F.C. - I, PARAVUR (CRIME NO.928/2010 OF NORTH PARAVOOR POLICE STATION, ERNAKULAM ) ....................
1ST ACCUSED/PETITIONER/PETITIONER
----------------------------------------FAIZAL @ SHAIJU, AGED 32 YEARS, S/O.KOCHAPPAN, PUTHUSSERY HOUSE, OLLUR DESAM, THRISSUR VILLAGE, MUKUDANDAPURAM (TALUK), THRISSUR DISTRICT.
BY ADV. SRI.P.A.MUJEEB
COMPLAINANT/RESPONDENT/RESPONDENT
THE S.I.OF POLICE, NORTH PRAVOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTORSRI. M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. HEMA, J
B.A.No.4246 OF 2010
----------------------------------Dated this the 17th day of August, 2010
O R D E R
This petition is for bail.
B.A. No.4246/10
2
for 14 years, if such offence is committed for the purpose of theft and hence, the statutory period for granting bail on default is 90 days.
This petition is dismissed.
K. HEMA, JUDGE.
Sou.
2 issues framed by the court
Whether bail should be granted in a case of house breaking and theft given the petitioner's involvement in other crimes and risk of absconding?
Whether the statutory period for granting bail on default under section 380 IPC applies to this case?
2 provisions across 1 enactments
Faizal @ Shaiju
S.I. of Police, North Pravoor Police Station / Public Prosecutor
K. HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
