This judgment dismisses a petition for anticipatory bail because the offences alleged against the petitioners are classified as bailable offences under the Indian Penal Code, rendering the application non-maintainable under Section 438 Cr.P.C.
The bail application was dismissed as it was not maintainable for bailable offences.
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
SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933
Bail Appl..No. 8501 of 2011()
----------------------------CRIME NO.843/2011 OF KASARAGOD TOWN POLICE STATION
PETITIONERS/ACCUSED 1 & 2 :
BY ADV. SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
RESPONDENT(S): STATE & DEFACTO COMPLAINANT
PUBLIC PROSECUTOR SRI.K.K.RAJEEV
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A.No.8501 of 2011
Dated this the 19th day of November, 2011
O R D E R
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.843 of 2011 of Kasaragod Town Police Station.
All the offences alleged against the petitioners are bailable offences. Therefore, this application for anticipatory bail is not maintainable. The Bail Application is accordingly dismissed.
K.T.SANKARAN
JUDGE
csl
2 issues framed by the court
Whether an application for anticipatory bail is maintainable when the alleged offences are bailable?
Whether Section 438 Cr.P.C. applies when the offences charged are exclusively under bailable provisions?
2 provisions across 2 enactments
JAMALUDHIN.K.J.
RAFEEQ.K.M.
STATE OF KERALA
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
