High Court of Kerala dismissed an unpressed interim bail application. The court noted the petitioner's right to statutory bail under Section 167(2) Cr.P.C. after 60 days of detention without a final report.
Application dismissed as not pressed. Right to statutory bail after 60 days noted.
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 B.SUDHEENDRA KUMAR
THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938
Bail Appl..No. 7428 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 6891/2016 of HIGH COURT OF KERALA DATED 05-10-2016
AGAINST THE ORDER/JUDGMENT IN CRMP 6528/2016 of DIST & SESSIONS COURT, ALAPPUZHA DATED 06-09-2016
AGAINST THE ORDER/JUDGMENT IN CMP 5570/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM DATED 20-08-2016 CRIME NO. 52/2015 OF KAYAMKULAM EXCISE RANGE OFFICE , ALAPPUZHA
PETITIONER/ACCUSED NO.2:
SREELAL
AGED 26 YEARS, S/O. LATE MOHANLAL, KALLASSERIL HOUSE, GOVINDAMUTTOM MURI, PUTHUPALLY VILLAGE, ALAPPUZHA DISTRICT.
BY ADVS.SRI.D.SAJEEV (KAMBISSARI) SRI.K.T.SEBASTIAN
RESPONDENTS/STATE & COMPLAINANT:
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. EXCISE INSPECTOR EXCISE RANGE, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-688011.
BY SRI.RAMESH CHAND PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 2010-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AL/-
B.SUDHEENDRA KUMAR, J.
B.A.No. 7428 of 2016
Dated this the 20th day of October, 2016
O R D E R
Heard. Dismissed as not pressed. However, the dismissal
of this application will not take away the right, if any of the petitioner in approaching the Magistrate concerned for statutory
bail. Needless to state that if the petitioner has been under detention for more than sixty days without filing the final report, the petitioner is no doubt entitled to statutory bail under Section
167(2) Cr.P.C.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
al/-
True copy
P.S to Judge
1 issue framed by the court
Whether to grant interim bail pending hearing of the bail application.
1 provisions across 1 enactments
Sreelal
The State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
