The court dismissed the anticipatory bail application of an accused charged with river sand theft and vehicular collision. Citing the applicant's history of multiple cases and absconding, the court held he was not a fit case for invoking Section 438 Cr.P.C.
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 SUNIL THOMAS
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
Bail Appl..No. 8486 of 2015 ()
AGAINST THE ORDER IN CRMC 1912/2015 of ADDL. SESSIONS COURT - II, MANJERI DATED 04-12-2015 CRIME NO. 242/2015 OF KOLATHUR POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED NO.1:
SAKEER HUSSAIN AGED 33 YEARS S/O.KUNHI, MUHAMMED, MUNDUMMAL HOUSE KOLATHUR P.O., MALAPPURAM DISTRICT.
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR:SMT.R.REMA
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
=================
B.A.No.8486 of 2015
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Dated this the 8th day of January, 2016
ORDER
Petitioner is the first accused in Crime No.242 of 2015 of the Kolathur Police Station for offences punishable under Sections 379, 188, 353, 308 and 427 r/w Section 34 of the Indian Penal Code and Sections 20 and 23 of Kerala Protection of River Banks and Regulation and Removal of Sand Act.
that he was not driving the vehicle, the case diary shows that in
B.A.8486/15
2
fact the petitioner himself was driving the vehicle. The allegation alleged against the accused is very serious. It is seen that he is involved in ten other cases under the various provisions and Section 107 Cr.P.C. proceedings were initiated against him. It is further stated that on 01.09.2015, an attempt was made by the police to arrest him, which was forcefully prevented him, for which yet another crime was registered as Crime No.598 of 2015.
The anticipatory bail application is dismissed.
Sd/-
SUNIL THOMAS Judge
Sbna/8/1/16
True Copy
P A to Judge
3 issues framed by the court
Whether Section 438 of Cr.P.C. jurisdiction is invoked for the applicant facing serious allegations and prior cases.
Whether the anticipatory bail application of the applicant be allowed given his absconding and involvement in ten other cases.
Whether the applicant driving the vehicle and causing damage makes him unfit for anticipatory bail.
1 provisions across 1 enactments
Sakeer Hussain
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
