Single-judge order refusing anticipatory bail to a petitioner who was absconding during long-pending trial for offences under IPC. Court directed surrender to Session Judge before which grounds for absence would be appraised.
Petitioner directed to surrender before the learned Sessions Judge, Thiruvalla, to appraise grounds for non-appearance.
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 N.K.BALAKRISHNAN
MONDAY, THE 6TH DAY OF AUGUST 2012/15TH SRAVANA 1934
Bail Appl..No. 5546 of 2012 ()
IN CRIME NO.222/2002 OF KOIPURAM POLICE STATION PATHANAMTHITTA DISTRICT
ACCUSED(S)/PETITIONER/ACCUSED:
MANOJ G. NAIR, AGED 49 YEARS PUNNAKKAL HOUSE, KARUNGAZHA, PULLADU MURI KOIPURAM VILLAGE, THIRUVALLA TALUK.
BY ADVS.SRI.SAJITH KUMAR V. SRI.C.P.JOHNY (ERNAKULAM)
COMPLAINANT(S)/RESPONDENT(S)/DEFACTO COMPLAINANT/STATE:
STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. -682 031
BY PUBLIC PROSECUTOR, SRI.SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==================
B.A. No. 5546 of 2012
========================= Dated this the 6th day of August, 2012
ORDER
Petitioner was the second accused in Crime No.222/2002 of Koipuram Police Station, (Session's Case No.399/2004 of Assistant Session Court, Thiruvalla) Pathanamthitta District. The offences alleged against him and other accused were/are under Secs.143, 144, 147, 148, 452, 323 and 307 r/w 149 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.5546/2012
: 2 :
learned Sessions Judge. But this petitioner was absconding throughout. Since the warrant issued by the court is pending, I am not inclined to grant anticipatory bail to the petitioner.
Petitioner will surrender before the learned Sessions Judge, Thiruvalla and will appraise the grounds if any, for his nonappearance/abscondance. Learned trial Judge will dispose of the bail application in accordance with law.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
2 issues framed by the court
Whether to grant anticipatory bail to a petitioner who absconded during trial proceedings.
Whether the pendency of a warrant against an absconding petitioner is a valid ground to deny anticipatory bail.
Manoj G. Nair
State of Kerala
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
