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Eldho Mathai Vs State of Kerala — Cheating and Forgery | Kerala HC (2015)

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Kerala HC
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Eldho Mathai Vs State of KeralaEldho Mathai v. State of Kerala

Dismissed

Eldho Mathai v. State of Kerala

Kerala HC20 May 2015Bail Appl./1836/2015

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the bail application of the 2nd accused in a case involving public order and murder offences. The court held that prosecution materials showed an active role by the petitioner and facts did not justify bail, especially as the case had been committed to the Sessions Court.

What did the court decide?

Bail application dismissed with observations that the accused took an active role and case facts do not justify bail.

What the court decided

AI extract

Outcome

Bail application dismissed with observations that the accused took an active role and case facts do not justify bail.

Issue for consideration

Whether bail should be granted to the 2nd accused who has been in custody for more than six months in a case where the case has already been committed.

Detailed headnote1 paragraphs

In a bail application under Section 439 Cr.P.C. regarding offences under Sections 143, 147, 302 IPC, the High Court dismissed the application observing that the petitioner took an active role in the offences. The court held that facts and circumstances did not justify granting bail, particularly as the case had already been committed to the Session's Court for trial.

A compact analysis

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.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW

WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937

Bail Appl..No.1836 of 2015

CRIME NO.1755/2014 OF KALAMASSERY POLICE STATION,ERNAKULAM.

PETITIONER/2ND ACCUSED:

ELDHO MATHAI,S/O.MATHAI,AGED 37 YEARS, MUTTUVANCHERI HOUSE,KIZHAKKAMBALAM P.O. ERNAKULAM DISTRICT.

BY ADVS.SRI.K.S.ARUN KUMAR SMT.M.N.MAYA

RESPONDENT/COMPLAINANT:

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

BY SRI.K.I.ABDUL RASHEED (ADDL.DGP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K.ABRAHAM MATHEW, J.

B.A.No. 1836 of 2015

Dated this the 20^th day of May, 2015

ORDER

Petition filed under Section 439(1) Cr.P.C.

Petitioner is the 2^nd accused in Crime No.1755 of 2014 of Kalamassery Police Station registered for the offences under Sections 143,147,148,109,341,323,324,326, 302 r/w 149 of IPC.

The investigation is over and on filing the final report the Magistrate concerned has taken the case on his file as C.P.No.4 of 2015. Learned counsel submits that the petitioner has been in custody for more than six months and he may be granted bail.

Heard.

The materials relied on by the prosecution show that the petitioner took active role in committing the offences. The facts and circumstances of the case do not justify granting bail to the petitioner. It is submitted that the case has already been committed. Learned Sessions Judge shall make all the attempts to dispose of the case without delay.

In the result, this application is dismissed with the above observations.

K.ABRAHAM MATHEW JUDGE

pm

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether bail should be granted to the 2nd accused who has been in custody for more than six months in a case where the case has already been committed.

Statutes considered

2 provisions across 2 enactments

AI extract

Criminal Procedure Code439(1)
Indian Penal Code143, 147, 148, 109, 341, 323, 32

Parties & counsel

AI extract

petitioner
ELDHO MATHAI
respondent
STATE OF KERALA

Coram

AI extract

K.ABRAHAM MATHEW

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 20 May 2015 · May
Registered: 27 Mar 2015
Case no.: Bail Appl./1836/2015
CNR: KLHC010019612015
Topic: Cheating and Forgery
Bench: K.abraham Mathew
Disposal: DISMISSED

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Cite this judgement

Eldho Mathai v. State of Kerala, Bail Appl./1836/2015 (KL), decided on 20 May 2015.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Criminal Procedure Code439(1)
Indian Penal Code143, 147, 148, 109, 341, 323, 32

View all statutes

Bench / Coram

K.ABRAHAM MATHEW

Parties & counsel