Dismissed

Ajesh v.Kumar v. State of Kerala

Kerala HC10 Nov 2017Bail Appl./7641/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed anticipatory bail applications filed by the 2nd accused in various criminal cases. The court deprecating the practice of seeking anticipatory bail after the final report was laid, directed the applicant to approach the jurisdictional court for regular bail instead.

What did the court decide?

Applications dismissed; applicant directed to approach jurisdictional court for regular bail.

Ajesh v.Kumar Vs State of Kerala — Bail and Remand | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 10TH DAY OF NOVEMBER 2017/19TH KARTHIKA, 1939

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Bail Appl..No. 7641 of 2017 ()

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CRIME NO. 145/2005 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT. CRIME NO.451/2005 OF CBCID, THIRUVANANTHAPURAM.

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PETITIONER/2ND ACCUSED:

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AJESH V.KUMAR,

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AGED 39 YEARS, S/O. VASANTHAKUMAR, K.R. GARDENS, NAVAIKKULAM PANCHAYATH, KATTUPUTHUSSERY, THIRUVANANTHAPURAM.

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BY ADV. SRI.M.KIRANLAL.

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RESPONDENT/STATE-COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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BY PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-11-2017, ALONG WITH BA NO.7643 OF 2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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RAJA VIJAYARAGHAVAN V, J

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B.A Nos.7641, 7643, 7644, 7645, 7646 and 7647 of 2017

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Dated this the 10^th day of November, 2017

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ORDER

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1.These applications are filed under section 438 of the Code of Criminal Procedure by the 2^nd accused in C.C. Nos.166/10, 162/10, 165/10, 163/10, 140/10 and 164/10 on the file of Judicial First Class Magistrate Court-II, Attingal.

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2.Admittedly, final report has already been laid in all these cases. This Court has deprecated the practice of preferring application seeking anticipatory bail in cases where final report has been laid and has held that it is desirable in such cases for the accused to appear before the jurisdictional court and apply for regular bail. The petitioner can explain the reasons for his absence and there is no reason to suspect that his contentions will not be considered by the court below.

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3.In that view of the matter, these applications are dismissed and the petitioner is directed to approach the

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B.A Nos.7641, 7643, 7644, 7645, 7646 and 7647 of 2017

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jurisdictional court and move applications for regular bail. If such applications are filed, they shall be considered and orders shall be passed on its merits on the same day itself by the court below.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

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Ajesh v.Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajesh v.Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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