In a bail application under Section 438 Cr.P.C. for alleged offences under IPC Sections 302, 324, and 341, the High Court of Kerala dismissed the plea as non-maintainable because the applicant was abroad on the application date and prosecution documents indicated his involvement in the incident.
Bail application dismissed as non-maintainable.
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
THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938
Bail Appl..No. 1025 of 2017 ()
CRIME NO. 362/2015 OF BAKEL POLICE STATION, KASARAGOD DISTRICT.
PETITIONER/ACCUSED:
HAROOF, S/O. NALAPPADU SULAIMAN, AGED 24 YEARS, NALAPPADU HOUSE, EROL, BARA P.O, KASARAGOD DISTRICT.
BY ADVS.SRI.I.V.PRAMOD, SRI.K.V.SASIDHARAN.
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
BY PUBLIC PROSECUTOR SRI.SUMAN CHAKRAVARTHY.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
K.ABRAHAM MATHEW, J.
B.A.No.1025 of 2017
Dated this the 2nd day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
In the result, this Bail Application is dismissed. The learned counsel submits that the petitioner will surrender before the investigating officer. He may do so if he is so advised.
K.ABRAHAM MATHEW JUDGE
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1 issue framed by the court
Whether an applicant who is abroad on the date of filing an anticipatory bail application can maintain it in view of prosecution documents indicating his involvement.
1 provisions across 1 enactments
Haroon
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
