An application for anticipatory bail under Section 438 CrPC was dismissed. The High Court held that serious allegations of domestic violence and threats requiring investigation and custodial interrogation made the grant of bail inadvisable as it would hinder the investigation.
Dismissed the application 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
FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933
Bail Appl..No. 8453 of 2011()
----------------------------CRIME NO.1273/2011 OF ATTINGAL POLICE STATION
PETITIONER/ACCUSED:
MANIKUTTAN, S/O. KUNJUKRISHNAN,
GOURI SANKARAM,THOTTAVARM KUZHYILMUKKU ATTINGAL VILLAGE.
BY ADV. SRI.M.R.SARIN
RESPONDENTS:
PUBLIC PROSECUTOR SRI.K.K.RAJEEV
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
--------------------------------------------Bail Appln.No.8453 of 2011
Dated this the 18th day of November, 2011
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1273 of 2011 of Attingal Police Station.
Bail Appln.No.8453/2011
: 2 :
For the aforesaid reasons, the Bail Application is dismissed.
K.T.SANKARAN, JUDGE
skj
3 issues framed by the court
Whether to grant anticipatory bail to an accused charged with domestic violence and obscene acts.
Whether custodial interrogation is required given the serious nature of the allegations.
What reasons do underlie the rejection of anticipatory bail in this case.
3 provisions across 3 enactments
MANIKUTTAN
STATE OF KERALA
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
