Bail application filed apprehending arrest for offences under the Kerala Police Act and Information Technology Act was dismissed as not maintainable since the alleged offences were bailable.
Application for pre-arrest bail 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 RAJA VIJAYARAGHAVAN V
FRIDAY, THE 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939
Bail Appl..No. 5166 of 2017 ()
CRIME NO.62/2017 OF IRRIKKOOR POLICE STATION, KANNUR DISTRICT.
PETITIONER/SOLE ACCUSED:
ANEESH, AGED 28 YEARS, S/O.T.R.VIJAYAN, RESIDING AT THERAKATHU PUTHENVEEDU, POTHADI MURI, PERINGANAD P.O & VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.MANU RAMACHANDRAN
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, IRRIKKOOR POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.V.SREEJA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V., J
B.A. No.5166 of 2017
Dated this the 10th day of November, 2017
ORDER
(b) and 120 (o) of the Kerala Police Act, 2011. Later Sections 66 C and 66 E of the Information Technology Act , 2000 were also incorporated.
BA 5166/2017
2
offense punishable with imprisonment of three years and above shall be cognizable and offence punishable with imprisonment of three years shall be bailable. In that view of the matter, the submission made by the learned public prosecutor appears to be correct.
This application is, therefore, dismissed as not maintainable. The petitioner may approach the jurisdictional court and seek appropriate orders.
Sd/RAJA VIJAYARAGHAVAN V., JUDGE
vps 10/11
/True Copy/ PS to Judge
1 issue framed by the court
Whether a bail application under Section 439 CrPC is maintainable for alleged bailable offences.
4 provisions across 2 enactments
Aneesh
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
