In a bail application under Section 438 CrPC, the High Court of Kerala dismissed the plea. The court held that the serious nature of the alleged offences necessitated custodial interrogation and that granting bail would adversely affect the investigation.
Applicant denied anticipatory bail under Section 438 CrPC.
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 19TH OCTOBER 2011 / 27TH ASWINA 1933
Bail Appl..No. 8186 of 2011
CRIME NO.116 OF 2009 OF KOLAVALLUR POLICE STATION, KANNUR DIST.
PETITIONER/ACCUSED NO.1:
NANU, S/O KUNHIKKANNAN, 44 YEARS, BUSINESS, PAREMMAM HOUSE, KOLAVELLOOR AMSOM, DESOM, P.O, THOOVAKKUNNU, KANNUR DISTRICT.
BY ADV. SRI.N.R.SHANAVAS SRI.K.RAJESH SUKUMARAN
RESPONDENT: COMPLAINANT
-------------------------STATE OF KERALA (STATION HOUSE OFFICER, KOLAVELLOOR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.T.K.RANJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------------------------Bail Appl. NO. 8186 OF 2011
Dated this the 19th day of October, 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.1 in Crime No.116 of 2009 of Kolavallur Police Station, Kannur District.
BAIL APPL. NO. 8186 OF 2011
:: 2 ::
For the aforesaid reasons, the Bail Application is dismissed.
(K.T.SANKARAN) Judge
ahz/
2 issues framed by the court
Whether an accused is entitled to anticipatory bail under Section 438 CrPC given the serious nature of the alleged charges involving rioting and explosives.
Whether custodial interrogation is required for the proper investigation of the case.
3 provisions across 3 enactments
NANU, S/O KUNHIKKANNAN
STATE OF KERALA
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
