This judgment dismisses a bail application filed by an accused under Section 438 Cr.P.C. The Single Judge held that exercise of extraordinary jurisdiction was not appropriate given the materials showing the petitioner's involvement in the offence of grievous hurt.
The bail application was dismissed; accused directed to surrender before IO by 14.01.2013.
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 3RD DAY OF JANUARY 2013/13TH POUSHA 1934 Bail Appl..No. 9166 of 2012 (A)
(CRIME NO.1385/2012 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT)
PETITIONER/ACCUSED(S):
KORA, AGED 51 YEARS S/O. OUSEPH, THANNIKKOTTU HOUE, VENGOOR VILLAGE KUNNATHUNADU TALUK ERNAKULAM DISTRICT NOW RESIDING AT THANNIKKOTTU HOUSE KAIKKARA (P.O.), RAYAMANGALAM, PERUMBAVOOR ERNAKULAM DISTRICT.
BY ADVS.SRI.K.S.SIVA KUMAR SRI.C.B.SREEKUMAR
RESPONDENT/COMPLAINANT(S):
STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTED BY THE SUB INSPECTOR OF POLICE KURUPPAMPADY POLICE STATION.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 0301-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OKB.
P.BHAVADASAN, J.
B.A. No.9166 of 2012
Dated this the 3rd day of January, 2013
ORDER
The petitioner is an accused in Crime No.1385/2012 of Kuruppampady Police Station for having committed the offences punishable under Section 328 of IPC. The petitioner claims that he has legally married de facto complainant.
B.A.No.9166/2012 :2:
concerned, which Court on bail application being moved by the petitioner may consider the same in accordance with law, preferably on the same day itself.
P.BHAVADASAN,
Judge.
okb.
1 issue framed by the court
Whether the extraordinary jurisdiction under Section 438 Cr.P.C. should be exercised to grant anticipatory bail to the accused.
1 provisions across 1 enactments
KORA
STATE OF KERALA
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
