Single-worded order dismissing an anticipatory bail application. The Court observed that since the police had filed the final report and the case was taken on file by the Magistrate, summons would be issued instead of arrest, eliminating the basis for apprehension.
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
FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939
Bail Appl..No. 417 of 2018
CRIME NO.1659/2017 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM
APPLICANT/2ND ACCUSED:
THOMAS P. JOSEPH: AGED 65 YEARS, PALLICHAMPARAMBIL HOUSE, PACHALAM P.O., KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
BY ADV.SRI.C.A.NAVAS
RESPONDENTS/COMPLAINANTS:
1. THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT-682017.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
R. NARAYANA PISHARADI, J.
--------------------------------------------Bail Application No.417 of 2018
Dated this the 16th day of February, 2018
O R D E R
~ ~ ~ ~ ~ ~
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.
by the Magistrate's Court, only a summons will be issued
B.A.417/18 :2:
from the court. Therefore, now there is no basis for the apprehension of the petitioner that he would be arrested by the police in connection with the case. The petitioner can appear before the Magistrate's Court concerned and move for regular bail. Considering this aspect, the petition is liable to be dismissed.
In the result, the petition is dismissed.
Sd/-
R. NARAYANA PISHARADI JUDGE
okb.
//True copy// P.A. to Judge
2 issues framed by the court
Whether anticipatory bail should be granted to an accused when the police have filed the final report and the case is taken on file as criminal complaint, suggesting summons rather than arrest.
Whether the apprehension of arrest justifies the grant of anticipatory bail in circumstances where the case is expected to proceed by summons.
1 provisions across 1 enactments
Thomas P. Joseph
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
