In a bail application for anticipatory bail under Section 438 CrPC regarding offences including voluntary causing of grievous hurt and attempted murder, the Court dismissed the petition. The Court held that the nature of injuries and offences was grave and custodial interrogation was essential for investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933
Bail Appl..No. 5176 of 2011() ----------------------------CRMP.802/2011 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.83/2011 OF MANNAR POLICE STATION ALAPPUZHA DISTRICT
PETITIONER:
BIJU, AGED 34 YEARS, S/O.KUNJUMON VALUPAAMBIL HOUSE,BUDANOOR PO,PERINGADU,ALAPPUZHA.
BY ADV. SRI.K.RONALD JOSE
RESPONDENTS:
--------------1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 681 018.
MANNAR POLICE STATION, ALAPPUZHA.
PUBLIC PROSECUTOR SRI.V.MANU
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
Bail Appln.No.5176 of 2011 ---------------------------------------------Dated this the 08th day of August, 2011
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.5 in Crime No.83 of 2011 of Mannar Police Station.
Bail Appln.No.5176/2011
: 2 :
discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case.
For the aforesaid reasons, the Bail Application is dismissed.
K.T.SANKARAN, JUDGE
skj
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the gravity of offences and need for custodial interrogation.
2 provisions across 2 enactments
Biju
State of Kerala
Sub Inspector of Police, Mannar
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
