Dismissed

Xavier v. State of Kerala

Kerala HC15 Nov 2011Bail Appl./7839/2011

Case brief

AI extract

What is this about?

Single Judge held that petitioners, who faced non-bailable offences, were not entitled to anticipatory bail under Section 438 CrPC as they failed to comply with a previous order directing surrender and interrogation, thus dismissing the application.

What did the court decide?

Bail application dismissed; no entitlement to anticipatory bail for the same facts due to non-compliance with previous surrender order.

Xavier Vs State of Kerala — Anticipatory Bail | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933

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Bail Appl..No. 7839 of 2011

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CRIME NO.80 OF 2008 OF MALA POLICE STATION, THRISSUR DISTRICT.

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PETITIONERS: ACCUSED NOS.2 AND 3:

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XAVIER, AGED 29 YEARS S/O.LATE ROCKY, VADAKKUMBADAN HOUSE, MURINGOOR. PO, VADAKKUMMURI VILLAGE, CHALAKKUDY, THRISSUR DISTRICT.

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BAIJU, AGED 27 YEARS S/O.LATE ROCKY, VADAKKUMBADAN HOUSE, MURINGOOR. P.O, VADAKKUMMURI VILLAGE, CHALAKKUDY, THRISSUR DISTRICT.

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BY ADV. SMT.LAKSHMI RAJAN

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR SRI.K.K.RAJEEV

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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-----------------------------------------------------Bail Appl. NO.7839 OF 2011

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Dated this the 15^th day of November, 2011

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.80 of 2008 of Mala Police Station, Thrissur District.

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The offences alleged against the accused are under Sections 489B, 489C and 420 read with Section 34 of the Indian Penal Code.

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The offence was allegedly committed in 2008. The petitioners filed B.A.No.1473 of 2009 before the High Court for anticipatory bail. A learned single Judge of this Court passed the following order on 25.3.2009:

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“Petitioners who are the accused in Crime No.80/2008 of Mala Police Station for offences punishable under Sections 489B, 420 read with section 34 IPC, seek anticipatory bail.

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BAIL APPL. NO.7839 OF 2011

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:: 2 ::

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The learned Public Prosecutor opposed the application.

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Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the Investigating Officer on any day between 28.3.2009 and 31.3.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of their application for regular bail preferably on the same date on which it is filed.

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This petition is disposed of as above.”

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The petitioners did not comply with the order dated 25.3.2009 referred to above. According to the Public Prosecutor, the petitioners were absconding.

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Having applied for anticipatory bail and this Court having

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BAIL APPL. NO.7839 OF 2011

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:: 3 ::

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directed the petitioners to surrender before the investigating officer on any day between 28.3.2009 and 31.3.2009 and the petitioners having failed to comply with the same, I am of the view that they are not entitled to file another application for anticipatory bail for the same relief which was prayed for in the earlier Bail Application, namely, B.A.NO.1473 of 2009. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure.

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For the aforesaid reasons, the Bail Application is dismissed.

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ahz/

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(K.T.SANKARAN) Judge

Xavier v. State of Kerala

Case brief

What is this about?

What did the court decide?

Xavier v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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