The High Court of Kerala dismissed an anticipatory bail application filed by an accused facing charges under Sections 307, 353, 201, and 34 IPC. The court refused bail noting the accused was absconding and failing to cooperate with the investigation.
The anticipatory bail application was dismissed; no bail was granted.
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.P.JYOTHINDRANATH
TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937
Bail Appl..No. 7065 of 2014 ()
CRIME NO. 463/2014 OF PULPALLY POLICE STATION, WAYANAD.
PETITIONER/3RD ACCUSED:
THANKACHAN @ VARGHESE, S/O.ANTONY, AGED 46 YEARS, PAREEKKAL HOUSE, KABANAGIRI, PULPALLY, WAYANAD.
BY ADVS.SRI.JIJI THOMAS, SMT.SMITHA MATHEW, SRI.ASHOK KUMAR P.R.
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.M. MADHUBEN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K.P. JYOTHINDRANATH, J.
- - - - - - - - - - - - - - - - - - - - - - -
B.A. No.7065 of 2014
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015
O R D E R
There is no representation for the petitioner.
The offence alleged is under Section 307 of IPC as well
as under Section 353 of IPC and there is also an offence alleged under Section 201 r/w. Section 34 of IPC as evident from the bail application. The application is filed as back as on 23.09.2014. So far accused is not arrested. It appears that accused is absconding and not co-operating with the investigation.
I heard the learned Public Prosecutor.
After hearing the learned Public Prosecutor, this
anticipatory bail application is dismissed as there is no merit.
Sd/-
K.P. JYOTHINDRANATH JUDGE
//True copy//
P.A. TO JUDGE
shg/
2 issues framed by the court
Whether anticipatory bail should be granted to an absconding accused facing charges under Section 307 and 353 IPC.
Whether the delay in filing arrest warrants warrants granting bail to an accused who is not cooperating with investigation.
3 provisions across 1 enactments
Thankachan @ Varghese
State of Kerala
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
