In a criminal bail application before the Kerala High Court, Justice K. T. Sankaran rejected the plea for anticipatory bail under Section 438 CrPC, holding that the grave allegations of kidnapping and intent to murder rendered it an unfit case for relief.
Bail application dismissed as the case was deemed not fit for anticipatory 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 MR. JUSTICE K.T.SANKARAN
WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933
Bail Appl..No. 5105 of 2011
CRIME NO.107 OF 2011 OF AROOR POLICE STATION, ALAPPUZHA DISTRICT.
PETITIONER/ACCUSED NO.8:
-------------------------------------RENJIT, AGED 24 YEARS, S/O.SURENDRAN, VELAMPARAVA COLONY, VELLUTHULLI, CHANDIRUR P.O., CHERTHALA, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.M.FIROZ
RESPONDENT: STATE
-------------------THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.V.TEKCHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------------------------Bail Appl. NO. 5105 OF 2011 A ------------------------------------------------------
Dated this the 13th day of July, 2011
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.8 in Crime No.107 of 2011 of Aroor Police Station, Alappuzha District.
nature. I am of the view that this is not a fit case where anticipatory bail
BAIL APPL. NO.5105 OF 2011 A
:: 2 ::
can be granted. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case.
For the aforesaid reasons, the Bail Application is dismissed.
(K.T.SANKARAN) Judge
ahz/
2 issues framed by the court
Whether anticipatory bail is maintainable under Section 438 CrPC where the allegations involve life-threatening offences such as kidnapping for murder and grievous hurt.
Whether granting anticipatory bail would adversely affect the proper investigation of the criminal case.
3 provisions across 2 enactments
Renjit
State
K. T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
