This judgment dismisses a bail application filed under Section 438 CrPC for anticipatory bail. The court found the allegations of dacoity and grievous hurt to be grave and held that the matter required investigation, stating that granting bail would adversely affect the investigation.
Bail application dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933
Bail Appl..No. 6380 of 2011()
Crime No.411 of 2011 OF POTHENKODE POLICE STATION, THIRUVANANTHAPURAM DT.
PETITIONER/ACCUSED:
SANAL KUMAR S,AGED 21 YEARS, S/O.SAMBASIVAN, POTHENKODU, MARUTHUM MOOLA, POTHENKODU P.O.,TRIVANDRUM
BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER
RESPONDENT(S): ---------------
SUB INSPECTOR OF POLICE, POTHENCODEU POLICE STATION, THIRUVANANTHAPURAM,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
BY P.P.SRI.T.K.RENJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J .
--------------------------------B.A.No.6380 OF 2011
Dated this the 20th day of October, 2011
ORDER
The petitioner says that he is accused No.1 in Crime No.411 of 2011 of Pothenkode Police Station, Thiruvananthapuram District . The learned Public Prosecutor submitted that the petitioner is accused No.3 in that crime. The application is filed for anticipatory bail under Section 438 of the Code of Criminal Procedure.
B.A.No. 6380 OF 2011 2
beaten up and their mobile phones and the bike were forcibly taken away.
B.A.No. 6380 OF 2011 3
proper and smooth investigation of the case.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T.SANKARAN, JUDGE .
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2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case alleging dacoity and grievous hurt.
Whether granting anticipatory bail would impede the proper investigation of the case.
Colour shows how this judgement treated each authority
Joginder Kumar v. State of U.P.Referred¶25
Joginder Kumar v. State of U.P., (AIR 1994 SC 1349) · Who else cites this
1 provisions across 1 enactments
Sanal Kumar S
Sub Inspector of Police
K.T. Sankaran
As recorded by the court registry
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