In an anticipatory bail application filed by Biju in a non-bailable offence case, the Kerala High Court declined to grant bail but also expressed reservation on regular bail. The application was closed without granting relief.
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 TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931
Bail Appl..No. 536 of 2010() ---------------------------CRIME NO.726/2009 OF GANDHI NAGAR POLICE STATION ....................
PETITIONER/ACCUSED
-------------------------------------BIJU, S/O.CHACKO, VAIKATHUSSERY HOUSE, ARPOOKKARA P.O., ARPUKARA VILLAGE, KOTTAYAM.
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENT(S): COMPLAINANT -------------------------THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
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.536 of 2010
Dated this the 2nd day of March, 2010
O R D E R
Apprehending arrest on an accusation of having committed non bailable offence in Crime No.726 of 2009 of Gandhi Nagar Police Station, Kottayam District, the petitioner has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed on 30.12.2009 before the court of the Judicial Magistrate of the First Class, Ettumanoor. Reserving the right of the petitioner to move for regular bail, this Bail Application is closed.
K.T.SANKARAN,
JUDGE
csl
1 issue framed by the court
Whether to grant anticipatory bail under Section 438 CrPC to a petitioner accused of a non-bailable offence.
Biju
The State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
