Court denied maintainability of anticipatory bail application since offences under the impugned crime are bailable in nature, resulting in closure of the petition without granting bail or other relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 22ND DAY OF JANUARY 2013/2ND MAGHA 1934
Bail Appl..No. 33 of 2013 ()
CRIME NO. 2197/2012 OF KUNDARA POLICE STATION , KOLLAM.
PETITIONER/ACCUSED:
1. MOHANAN, AGED 56 YEARS (A1) S/O.SREEDHARAN, VALIYAVILAPUTHEN,VEEDU,(PRADEEP BHAVAN), NEAR PUTHEN KULANGARA TEMPLE POTTANI MUKKU,PUNUKKANNUR CHERI,KOTTANKARA VILLAGE KOLLAM DISTRICT.
2. PRADEEP, AGED 27 YEARS (A2), S/O.MOHANAN, VALIYAVILAPUTHEN VEEDU (PRADEEP BHAVAN),NEAR PUTHEN KULANGARA TEMPLE POOTTANI MUKKU,PUNUKKANNUR CHERI,KOTTANKARA VILLAGE KOLLAM DISTRICT.
BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA
RESPONDENT(S)/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
P.BHAVADASAN, J.
B.A. No.33 of 2013
Dated this the 22nd day of January, 2013
ORDER
The offences punishable under the present crime are
only bailable offences in which case anticipatory bail application
is not maintainable. The petition is, therefore, closed.
P.BHAVADASAN,
Judge.
okb.
1 issue framed by the court
Whether an anticipatory bail application is maintainable when the underlying offences are bailable.
Mohanan
Pradeep
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
