In a bail application where the final report was already filed in an overt trial, the bench declined to entertain the plea, directing the petitioner to approach the court concerned for regular bail upon surrender.
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 B.SUDHEENDRA KUMAR
THURSDAY, THE 22ND DAY OF AUGUST 2019 / 31ST SRAVANA, 1941
Bail Appl..No.6000 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 1821/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM
CRIME NO.690/2011 OF Kayamkulam Police Station , Alappuzha
PETITIONER/S/ACCUSED:
M.G.JOHN
AGED 56 YEARS, S/O. MR. GEEVARGHESE, GRACE DALE VEETTIL, THAZHAKKARA VILLAGE, MAVELIKKARA TALUK
BY ADVS. SRI.SHEJI P.ABRAHAM SMT.THUSHARA PAILY
RESPONDENT/S/COMPLAINANT:
1 SUB INSPECTOR OF POLICE KAYAMKULAM POLICE STATION, KAYAMKULAM 690 502
2 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31
SRI.C.S.HRITHWIK,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6000 OF 2019
2
O R D E R
Heard.
Since the final report had been already filed, the petitioner shall be at liberty to approach the court concerned and apply
for regular bail. For the said reason, I am not inclined to entertain this application.
In the result, this application stands closed.
However, if the petitioner surrenders before the
Magistrate Court concerned in C.C.No.1821 of 2014 within ten days and applies for regular bail, the court concerned shall consider and dispose of the application for bail, in accordance with law, on the date of surrender itself.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/22.08.2019
1 issue framed by the court
Whether the final report having been filed, a fresh regular bail application in the same proceedings be entertained.
M.G. John
Sub Inspector of Police
State of Kerala
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
