The High Court of Kerala at Ernakulam dismissed a bail petition filed under Section 438 Cr.P.C. The court noted the long-standing dispute, the 24 cases registered against the petitioner and 14 against the victim, and held that granting anticipatory bail would be counterproductive.
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 K.ABRAHAM MATHEW
THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939
Bail Appl.No. 555 of 2017
CRIME NO. 1934/2016 OF PANDALAM POLICE STATION, PATHANAMTHITTA
PETITIONER(S)/ACCUSED:
AJIKUMAR,
S/O.DAMODARAN, AGED 40 YEARS, AJIBHAVANAM, MANTHUKA P.O., KULANADA, PATHANAMTHITTA DISTRICT.
BY ADV. SMT.PREETHY R. NAIR
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PANDALAM POLICE STATION - 682 031.
2. RADHA SIVANANDAN, PARIKILETHU VEEDU, NEAR MC LPS., MANTHUKA, MANTHUKA MURI, KULANADA VILLAGE, PANDALAM, PATHANAMTHITTA, KERALA.
*** ADDL. R2 IMPLEADED AS PER ORDER DTD.1.2.2017 IN BA.555/2017**
R1 BY PUBLIC PROSECUTOR SRI.AJITH MURALI R2 BY ADV. SRI.D.KISHORE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
K.ABRAHAM MATHEW, J.
B.A.No. 555 of 2017
Dated this the 23rd day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
Prosecutor.
In the result, this Bail Application is dismissed.
K.ABRAHAM MATHEW JUDGE
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3 issues framed by the court
Whether to grant anticipatory bail under Section 438 Cr.P.C. in a case involving alleged assault and trespass.
Whether the long-standing dispute and counter-productivity warrant dismissal of the bail application.
Whether the petitioner is entitled to anticipatory bail given the gravity of the offences and police cases registered against the victim.
1 provisions across 1 enactments
Ajikumar
State of Kerala
Radha Sivanandan
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
