This bail application was rejected on the grounds that it failed to disclose the specific crime, nature of allegations, or offence registered against the petitioners, rendering it non-entertainable under the relevant proviso.
The bail application was rejected as proceeding was lacking essential details regarding the crime and allegations.
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.UBAID
THURSDAY, THE 21ST DAY OF JULY 2016/30TH ASHADHA, 1938
Bail Appl..No. 2467 of 2016 ()
------------------------------CRIME NO.NOT KNOWN OF ADDOR POLICE STATION IN PATHANAMTHITTA DISTRICT
PETITIONER(S)/ACCUSED:
1. NAZAR MYTHEEN RAWUTHER AGED 70 YEARS,S/O.NAGUR MEERAN RAWTHER, KOTTAYOIKKAL HOUSE, NEDUMON P.O., EZHAMKULAM 689624.
2. K.S.MUSTHAFA, AGED 65 YEARS, S/O.SULAIMAM RAWTHER, KIZHEKKE KOTTAMUGHAL, NEDUMON P.O., EZHAMKULAM.
3. H.AYUB RAZAQ
4. E.T.BASHEER,AGED 46 YEARS,
5. GAFOOR, AGED 65 YEARS,
6. NAZAR, AGED 40 YEARS,
7. ABDUL KAREEM AGED 45 YEARS, S/O.IBRAHIM RAWTHER, ANAZ MANZIL, THOPPUM PARA P.O., EZHAMKULAM.
Bail Appl..No. 2467 of 2016 ()
8. H.NOUSHAD, AGED 50 YEARS, S/O.HAMEED RAWTHER, AKKANATTIL, NEDUMON P.O., EZHAMKULAM.
9. SUDHIYAN, AGED 40 YEARS, S/O.PODIYQAN RAWTHER, PUMBIYAN MANZIL, NEDUMON P.O., EZHAMKULAM.
10. AJI, AGED 35 YEARS, S/O.NAGUR MEERAN RAWTHER, KOTTAYOIKKAL HOUSE, NEDUMON P.O., EZHAMKULAM 689624.
11. BIJU, AGED 35 YEARS, S/O.NAGUR MEERAN RAWTHER, KOTTAYOIKKAL HOUSE, NEDUMON P.O., EZHAMKULAM 689624.
BY ADV. SMT.ASHA ELIZABETH MATHEW
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ADOOR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
P.UBAID, J.
~~~~~~~~~~
B.A No.2467 of 2016
~~~~~~~~~~~
Dated this the 21st July, 2016
O R D E R
The petitioners herein seek pre-arrest bail on the apprehension of arrest by the Adoor Police. The application filed by them does not show what exactly is the crime wherein they apprehend arrest, or what is the offence alleged against them. It appears that they do not know what exactly is the complaint against them, what is the nature of the allegations against them, or how the alleged crime is registered against them, or what are the offences alleged. Such an application which does not contain the required details cannot even be entertained under Section 438 Cr.P.C. This application is accordingly rejected.
Sd/- P.UBAID JUDGE
ma
/True copy/ P.S to Judge
1 issue framed by the court
Whether a pre-arrest bail application lacking details of the alleged crime and offence can be entertained.
1 provisions across 1 enactments
NAZAR MYTHEEN RAWUTHER
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
