This court dismissed an application for anticipatory bail under Section 438 Cr.P.C. filed by an aged woman accused of abusing a minor. The court held that the case did not warrant exercise of discretionary powers in favor of the applicant.
Application for anticipatory bail dismissed; applicant directed to surrender for regular bail.
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 RAJA VIJAYARAGHAVAN V
TUESDAY ,THE 18TH DAY OF SEPTEMBER 2018 / 27TH BHADRA, 1940
Bail Appl..No. 5344 of 2018
CRIME NO.323/2018 OF ADHUR POLICE STATION, KASARGOD
PETITIONER/S:
KHADEEJA, W/O. K. ABDULLA, AGED 69 YEARS, RESIDING AT ADHUR, ADHUR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.T.MADHU
RESPONDENT/S:
THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, ADHUR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
OTHER PRESENT:
MR. AJITH MURALI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 5344 of 2018
2
O R D E R
Bail Appl..No. 5344 of 2018
3
the grandson of the applicant. She further alleged that she was deprived of food as well. On the basis of the aforesaid statement, the subject crime was registered.
Bail Appl..No. 5344 of 2018
4
the contention of the learned counsel that the allegations levelled against her are frivolous. In that view of the matter, I am satisfied that this is not a fit case warranting exercise of discretionary powers in favour of the applicant herein. I find no reason to allow this application.
This application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Dxy
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to an aged appellant accused of physical abuse of a minor.
Whether the allegations against the applicant are frivolous and warrant dismissal despite her age and medical condition.
3 provisions across 3 enactments
Khadeeja
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
