In an anticipatory bail application for theft of a fishing boat engine, the court dismissed the petition. The court held that since the stolen article was not recovered, granting bail would frustrate the investigation.
Anticipatory bail application dismissed.
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 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937Q
Bail Appl..No. 801 of 2015 ()
CRL.M.P. NO. 3604/2014 IN CRIME NO. 499/2014 OF KASARGOD POLICE STATION, KASARGOD DISTRICT
PETITIONER/ACCUSED :
MUHAMMED SHIHAB
S/O. TARA T.M., THURUTHI PADINCHAPURAM HOUSE KOLLAMPADY, KASARGOD- 671 121.
BY ADVS.SMT.KEERTHI SOLOMON
SRI.JOLLY ABRAHAM
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, COCHIN-31.
BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
K.ABRAHAM MATHEW, J.
B.A.No. 801 of 2015
Dated this the 12th day of June, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
The learned Public Prosecutor submits that the stolen article has not been recovered. Granting anticipatory bail to the petitioner will frustrate the investigation.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
AMV/12/06/
/TRUE COPY/
P.A.TO JUDGE
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted in a theft case involving a fishing boat engine where the stolen article was not recovered.
Whether granting anticipatory bail would frustrate the investigation, as urged by the Public Prosecutor.
2 provisions across 2 enactments
MUHAMMED SHIHAB
STATE OF KERALA
K.ABRAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
