Jose Joseph, v. Assistant Commissioner of Police
Case brief
What is this about?
The High Court of Kerala disposed of a bail application from two petitioners who had already been granted bail in the crime stage. Relying on Pradeep Ram v. State of Jharkhand, the court held that the existing bail remains operative and no new order is required merely due to further investigation or a new offence.
What did the court decide?
The Bail Application was closed without passing any specific order as the petitioner already possessed valid bail.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941
Bail Appl..No.5642 OF 2019
AGAINST THE ORDER IN CRMC 2513/2015 DATED 18-11-2015 OF SESSIONS COURT,KOZHIKODE
CRIME NO.1300/2015 OF Nadakkavu Police Station , Kozhikode
PETITIONER/S:
- 1 JOSE JOSEPH, AGED 58 YEARS
S/O. LATE THOMMAN JOSEPH, KOCHUPURAKKAL, 28/173, CHEVARAMBALAM (PO), NELLIKODE AMSOM DESOM, KOZHIKODE DISTRICT.
2 C.P USMAN, AGED 60 YEARS S/O. LATE KUNJUTTY, SHAMNAS, PANNIYANKARA AMSOM DESOM, KALLAI (PO), KOZHIKODE DISTRICT.
Issues for consideration
2 issues framed by the court
Whether the court needs to pass any order on an anticipatory bail application where the petitioner has already been granted bail in the crime stage.
Whether new investigation or a new offence justifies arrest without a specific order under Section 439(2) Cr.P.C.
Parties & counsel
- petitioner
Jose Joseph
- petitioner
C.P Usman
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court