The High Court of Kerala at Ernakulam heard a bail application filed by an accused alleged to have attempted robbery. The court dismissed the application, citing the petitioner's nomadic status, lack of sufficient address to locate her, and the risk of absconding.
Bail application dismissed on grounds of potential absconding due to lack of fixed address.
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 A.M.BABU
MONDAY, THE 16TH DAY OF JANUARY 2017/26TH POUSHA, 1938
Bail Appl..No. 151 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CRMC 2283/2016 OF THE COURT OF SESSIONS, KOZHIKODE DATED 14-12-2016
AGAINST THE ORDER/JUDGMENT IN CMP 6800/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III,KOZHIKODE CRIME NO. 1010/2016 OF KASABA POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED:
NAGA @ NAGAMMA
AGED 25 YEARS, W2/O MARIMUTHU, SELAM, CHINNA SELAM, TAMILNADU.
BY ADVS.SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.VISHNU BHUVANENDRAN SRI.M.SALIM (PALODE)
RESPONDENT(S)/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
R BY ADV.MAYA.M.N,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.151 OF 2017
APPENDIX
PETITIONERS EXHIBITS
ANNEXURE 1-TRUE COPY OF THE ORDER IN CRIMINAL MISCELLANEOUS CASE NO.2283/2016 DATED 14.12.2016
ANNEXURE 2-TRUE COPY OF ORDER IN B.A.NO.9009/2016 DATED 27.12.2016 PASSED BY THIS HON'BLE COURT
RESPONDENTS EXHIBITS
NIL
TRUE COPY
SKS P.A TO JUDGE
A.M.BABU, J.
B.A.NO. 151 OF 2017
Dated 16th January, 2017
ORDER
Bail is sought under Sec.439 of the Cr.P.C. Petitioner is the accused in crime no.1010/2016 of Kasaba police station in Kozhikode district. She is alleged to have made an attempt to commit robbery. The offence alleged against her is one punishable under Sec.393 of the IPC.
the case diary on that day. I found materials available in it against the petitioner. She is a nomad. She does not have a permanent or temporary address. Her address shown in the bail application is not sufficient to locate
2
her in case she leaves this State. Possibility of her absconding cannot be ruled out. I do not consider the petitioner to be entitled to bail under Sec.439 of the Cr.P.C even now.
In the result, the bail application is dismissed.
sks/16.1.2017 A.M.BABU Judge
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. considering the possibility of her absconding and not disclosing a sufficient address.
Whether the dismissal of an earlier bail application affects the current application.
1 provisions across 1 enactments
NAGA @ NAGAMMA
STATE OF KERALA
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
