The High Court dismissed the bail application under Section 438 Cr.P.C. held that since the alleged offences (Sections 324, 341, 323, 294(b) rwd. 34 IPC) are bailable, the question of anticipatory bail did not arise.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941
Bail Appl..No.4940 of 2019
AGAINST THE ORDER/JUDGMENT IN CMP 1853/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
CRIME NO.502/2019 OF ERAVIPURAM POLICE STATION , Kollam
PETITIONER/1ST ACCUSED:
RIYAS, AGED 46 YEARS S/O. ABUBACKER, SABJAN MANZIL, ERAVIPURAM, KOLLAM
BY ADV. SRI.S.SREEKUMAR (KOLLAM)
RESPONDENTS/STATE:
SRI.AMJAD ALI,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
-2-
Bail Appl..No.4940 of 2019
O R D E R
When this matter has been taken up for hearing, the learned Public Prosecutor, on instructions, has submitted that the petitioner is an accused in Crime No.502/2019 of Eravipuram Police Station. The offences alleged are offences punishable under Sections 324, 341, 323 and 294(b) read with Section 34 IPC, which are bailable offences. In the said circumstances, the question of granting the relief under Section 438 Cr.P.C. does not arise at all.
In the result, this bail application stands dismissed.
Sd/-
B.SUDHEENDRA KUMAR JUDGE
Nkr/19.07.2019
1 issue framed by the court
Whether a bail application under Section 438 Cr.P.C. can be granted when the alleged offences are bailable.
2 provisions across 2 enactments
Riyas
The State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
