Petitioner in a bail application (BA) 1382 of 2015 challenged potential arrest for offences under Sections 294(b), 323, and 324 IPC. The court held that since the offences are bailable and arrest apprehension was baseless, an anticipatory bail application was not maintainable and dismissed it.
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.ABRAHAM MATHEW
FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937
Bail Appl..No. 1382 of 2015
CRIME NUMBER NOT KNOWN.
PETITIONER:
BINDU.R, AGED 30 YEARS, TC 24/2050, PANAVILA JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.R.MANOJ SMT.P.P.BLESSY MOL
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (ON BEHALF OF SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM).
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
K. ABRAHAM MATHEW, J.
............................................ B.A. No.1382 of 2015 (C)
...............................................
Dated this the 22nd day of May, 2015
O R D E R
The petitioner apprehends that she will be arrested by the Cantonment Police on the allegation that he has committed some non-bailable offences. Learned Public Prosecutor submits that at the said Police Station a case, No. 270 of 2014, has been registered against her for the offences under sections 294 (b), 323 and 324 IPC. The allegation is that she assaulted the victim with a chopper causing some injuries.
In the result, the application is dismissed.
K. ABRAHAM MATHEW
DST
//True Copy//
P.A. o Judge
2 issues framed by the court
Whether an anticipatory bail application is maintainable when the underlying offences are bailable and apprehension of arrest lacks foundation.
Whether the court should dismiss the bail application due to erroneous classification of offences as non-bailable.
BINDU.R
STATE OF KERALA
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
