The High Court of Kerala dismissed the bail application of a petitioner accused of theft and house breaking. The court held that the petitioner was involved in other crimes, creating a high risk of absconding, and refused the relief sought.
Bail application dismissed; petitioner not released on 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
TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932
Bail Appl..No. 4253 of 2010() ----------------------------CMP.2520/2010 of J.M.F.C. - I, PARAVUR (CRIME NO.926/2010 OF NORTH PARAVOOR POLICE STATION,ERNAKULAM) ....................
IST ACCUSED/PETITIONER/PETITIONER
----------------------------------------------------FAIZAL @ SHAIJU, AGED 32 YEARS, S/O.KOCHAPPAN, PUTHUSSERY HOUSE, OLLUR DESAM, THRISSUR VILLAGE, MUKUNDAPURAM (TALUK), THRISSUR (DIST).
BY ADV. SRI.P.A.MUJEEB
COMPLAINANT/RESPONDENT/RESPONDENT
-----------------------------------THE S.I. OF POLICE, NORTH PARAVOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. V.TEK CHAND
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. 4253 OF 2010
Dated this the 17th day of August, 2010
O R D E R
This petition is for bail.
B.A. No.4253/10 2
other crimes. In such circumstances, I am not inclined to grant anticipatory bail. As it is pointed out by learned public prosecutor, punishment for offence u/s.457 IPC is imprisonment 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 to the petitioner who is in custody for 35 days in alleged theft and house breaking.
Whether the petitioner is likely to abscond if granted bail being involved in other crimes of similar nature.
1 provisions across 1 enactments
FAIZAL @ SHAIJU
THE S.I. OF POLICE, NORTH PARAVOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
