The High Court of Kerala dismissed a pre-arrest bail application. The court observed that the alleged crime does not involve a non-bailable offence, directing the petitioners to seek regular bail from the learned Magistrate.
Bail application disposed of; petitioners directed to seek regular bail from the Magistrate.
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 P.UBAID
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2017/10TH KARTHIKA, 1939
Bail Appl..No. 7603 of 2017 ()
CRIME NO. 372/2017 OF TANUR POLICE STATION , MALAPPURAM DISTRICT---------------
PETITIONERS/ACCUSED 1 & 2 :
1. NASAR
2. SAFWAN
BY ADV. SRI.K.A.ANISH
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. (REPRESENTING STATION HOUSE OFFICER, TANUR POLICE STATION, MALAPPURAM DISTRICT)
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
P.UBAID, J.
B.A.No.7603 of 2017
Dated this the 1st day of November, 2017
ORDER
The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the Tanur police in Crime No.372/2017. The bail application and also the order of the Court of Session will show that the crime does not involve any non-bailable offence. If so, the petitioner can very well approach the learned Magistrate, and seek regular bail.
This application for bail is accordingly disposed of.
sd
Sd/P.UBAID, JUDGE // True Copy // P.A. to Judge
1 issue framed by the court
Whether pre-arrest bail should be granted under Section 438 CrPC for a non-bailable offence
1 provisions across 1 enactments
NASAR
SAFWAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
