The Court dismissed an anticipatory bail application filed in respect of an alleged offence under Section 363 IPC as it is classified as a bailable offence under the Cr.P.C., making an anticipatory bail order inapplicable.
The anticipatory bail application was dismissed as it does not apply to a bailable offence.
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 P.BHAVADASAN
THURSDAY, THE 7TH DAY OF MARCH 2013/16TH PHALGUNA 1934
Bail Appl..No. 1686 of 2013 ()
CRIME NO. 254/2013 OF CHITTUR POLICE STATION , PALAKKAD
ACCUSED(S)/ACCUSED:-:
MANIKANDAN, AGED 24 YEARS S/O.APPUKUTTAN, ARYAMPALLAM HOUSE, CHITTUR PALAKKAD.
BY ADVS.SRI.BENNY JOSE
SRI.C.K.SREEJITH SMT.MARY RANZOM LOUIZ
COMPLAINANT(S)/COMPLAINANT AND STATE:-:
1. THE SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, PALAKKAD - 678 101.
2. STATE OF KERALA,
BY PUBLIC PROSECUTOR SRI ROY THOMAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SKV
P. BHAVADASAN, J.
B.A. No. 1686 of 2013
Dated this the 7th day of March, 2013.
ORDER
Petitioner is accused of having committed offences punishable under Section 363 of Indian Penal Code
which, going by the schedule to the Cr.P.C., is a bailable offence. In which case, this anticipatory bail application will
not lie.
This application is accordingly dismissed.
P. BHAVADASAN, JUDGE
sb.
1 issue framed by the court
Whether an anticipatory bail order can issue when the underlying offence is a bailable offence under Section 363 of the Indian Penal Code?
2 provisions across 2 enactments
MANIKANDAN
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
