In a bail application under Sec. 438 Cr.P.C., the High Court of Kerala dismissed the plea for anticipatory bail for accused persons charged with robbery, house trespass, and causing hurt, citing sufficient material in the case diary and the risk of threatening witnesses.
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 A.M.BABU
WEDNESDAY,THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941
Bail Appl..No. 1175 of 2019
CRIME NO. 44/2019 OF Ottapalam Police Station , Palakkad
PETITIONER/S:
1 SHIHABUDHEEN, AGED 34 YEARS S/O HASSAN, PALLATHODI HOUSE, KATTUPARA, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.
2 SYED MUSTHAFA,
AGED 44 YEARS S/O SAIDALAVI, THENGINTHODI HOUSE, THIRVEGAPPURA P.O. PATTAMBI, PALAKKAD DISTRICT.
BY ADV. SRI.P.T.SHEEJISH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, OTTAPALAM, PALAKKAD DISTRICT, PIN 679 101
3 ADDL.R3 . MOHAMMED BASHEER.T AGED 36 YEARS
SON OF ABDU, THOOLIYATH HOUSE, MANALAYA P.O., ANAMANGAD VIA., PERINTHALMANNA, MALAPPURAM-679357. (ADDL.R3 IS IMPLEADED AS PER ORDER DATED 22/02/2019 IN CRL.MA.01/2019)
BY ADVS.
R1 &R2 SRI.C.K.PRASAD, PUBLIC PROSECUTOR R3 SRI.K.M.SATHYANATHA MENON
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No. 1175 of 2019
ORDER
Petitioners are accused 2 and 3 in crime no.44/2019 of Ottapalam police station. They allegedly committed offences, along with others, punishable under Secs 323, 395 and 448 of IPC. They seek bail under Sec.438 of Cr.P.C.
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Bail Appl..No. 1175 of 2019
interrogation, shall produce the petitioners before the magistrate within the time specified by the Cr.P.C. On such production, the learned magistrate will act according to law. It is made clear that the investigating officer is under no obligation to wait for the surrender of the petitioners.
Sd/-
A.M.BABU
JUDGE
03/04/19
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners accused of robbery and mischief and causing hurt.
2 provisions across 2 enactments
SHIHABUDHEEN
SYED MUSTHAFA
STATE OF KERALA
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
