The High Court dismissed an application for anticipatory bail filed under Section 438 Cr.P.C., holding it not maintainable because the underlying offences were bailable. The court clarified that explanatory sections did not attract bail provisions.
Application for anticipatory bail under Section 438 Cr.P.C. dismissed as not maintainable.
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 R. NARAYANA PISHARADI
WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939
Bail Appl..No. 387 of 2018
CRIME NO. 2085/2017 OF ERATTUPETTAH POLICE STATION , KOTTAYAM
PETITIONERS/ACCUSED NOS. 1 TO 3
BY ADV.SRI.P.C.HARIDAS
RESPONDENTS:
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16-02-2018, THE COURT ON 21-02-2018 PASSED THE FOLLOWING:
R.NARAYANA PISHARADI, J ******************************** B.A.No.387 of 2018
Dated this the 21st day of February, 2018
O R D E R
This is an application for anticipatory bail filed under Section
438 Cr.P.C.
B.A.No.387/2018
2
offences punishable under Sections 465 and 474 I.P.C are bailable. Conspiracy to commit such offences is also a bailable offence. An application under Section 438 Cr.P.C is maintainable only when a person is accused of committing any non-bailable offence. In this case, there is no allegation or accusation against the petitioners that they have committed any non-bailable offences. Therefore, the application is not maintainable and it is liable to be dismissed.
In the result, the application is dismissed. It is made clear that this order will not bar the right of the petitioners, if any, to move this Court for pre-arrest bail if later they are accused of any non-bailable offence in this case.
(sd/-)
R.NARAYANA PISHARADI, JUDGE
jsr
3 issues framed by the court
Whether an application for anticipatory bail under Section 438 Cr.P.C. is maintainable against accusation of offences punishable only under bailable sections.
Whether Section 120B IPC as a conspiracy to commit bailable offences renders the bail application maintainable.
Whether the special court has jurisdiction to grant anticipatory bail in bailable offences.
6 provisions across 2 enactments
Thomas @ Tomy
Annakutty@Kuttiyamma
Jinto
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
