In a bail application under Section 439 CrPC, the Court disposed of the petition without granting bail, allowing the petitioner to seek statutory bail from the Special Court if the final report is not submitted.
Application disposed. Liberty granted to seek statutory bail from the Special Court if final report is not submitted.
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
WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938
Bail Appl..No. 5364 of 2016
CRIME NO. 2/2016 OF MANANTHAVADY EXCISE CIRCLE, WAYANAD DISTRICT
PETITIONER(S)/ACCUSED :
NAFEEL,
AGED 25 YEARS, S/O. ABBAS E.P., THIRUNILAM HOUSE, PARAKKANDAM, PERUMANNA, KOZHIKODE DISTRICT-673 019.
BY ADVS. SRI.K.SANEESH KUMAR SMT.V.B.SANTHINI
RESPONDENT(S)/COMPLAINANTS :
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE CIRCLE INSPECTOR OF EXCISE, MANANTHAVADY RANGE, WAYANAD DISTRICT, PIN-670 645.
BY PUBLIC PROSECUTOR SMT.REMA.R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
P.UBAID, J.
--------------------------------------B.A No.5364 of 2016
---------------------------------------
Dated this the 3rd day of August, 2016
O R D E R
The petitioner herein is the sole accused in Crime No.2/2016 of the Excise Circle, Mananthavady. He seeks regular bail for the second time under Section 439 of the Code of Criminal Procedure. His first application was dismissed by this Court on 28.6.2016.
Sd/P.UBAID JUDGE
ab
2 issues framed by the court
Whether to grant regular bail to the accused who had a previous bail application dismissed.
Whether the liberty to seek statutory bail from the Special Court is sufficient before disposing of the current application.
1 provisions across 1 enactments
NAFEEL
THE STATE OF KERALA
THE CIRCLE INSPECTOR OF EXCISE, MANANTHAVADY
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
