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Stanly Sebastian Vs State of Kerala — Anticipatory Bail | Kerala HC (2019)

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Kerala HC
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Stanly Sebastian Vs State of KeralaStanly Sebastian v. State of Kerala

Dismissed

Stanly Sebastian v. State of Kerala

Kerala HC1 Mar 2019Bail Appl./736/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the second anticipatory bail application filed under Section 438 Cr.P.C. The court held that the SO report confirmed no case was registered against the petitioner in the Alappuzha South Police Station, rendering the apprehension of arrest unreasonable and the application liable to be dismissed.

What did the court decide?

The bail application is dismissed as the apprehension of arrest is not reasonable due to the absence of a registered case against the petitioner.

What the court decided

AI extract

Outcome

The bail application is dismissed as the apprehension of arrest is not reasonable due to the absence of a registered case against the petitioner.

Issue for consideration

Whether an anticipatory bail application is maintainable when the record reveals no case is registered against the petitioner and no arrest was ever initiated. +1 more

Detailed headnote1 paragraphs

Anticipatory bail application dismissed where the report from the Station House Officer reveals that no case has been registered against the petitioner in the concerned police station and no petition is pending against him. The court held there is no reasonable basis for the apprehension of arrest.

A compact analysis

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.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940

Bail Appl..No. 736 of 2019

CRIME NUMBER NOT KNOWN OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT

PETITIONER/ACCUSED:

STANLY SEBASTIAN AGED 48 YEARS S/O.SEBASTIAN, ODACKAL HOUSE, KALATHUKADAV P.O., KOTTAYAM DISTRICT - 686 579.

BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM

RESPONDENT/STATE:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2 STATION HOUSE OFFICER ALAPPUZHA SOUTH POLICE STATION, CCSB ROAD, KODIVEEDU, ALAPPUZHA, PIN- 68800

SMT.MAYA M.N. PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Bail Appl..No. 736 of 2019

2

O R D E R

This second application for anticipatory bail is filed under Section 438 Cr.P.C.

The application is filed by the petitioner on the apprehension that he would be arrested by the police on accusation of non-bailable offences in the case registered in the Alappuzha Police Station on the basis of a complaint filed by one Gopu Sivakumar. The report submitted by the Station House Officer of the Alappuzha South Police Station reveals that no case has been registered against the petitioner in that police station and also that there is no petition against him pending in that police station. Therefore, there is no reasonable basis for the apprehension of the petitioner that he would be arrested by the police on accusation of non-bailable offences in any case registered in that police station. The petition is liable to be dismissed.

In the result, the petition is dismissed.

Sd/-R. NARAYANA PISHARADI

JUDGE

lsn

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether an anticipatory bail application is maintainable when the record reveals no case is registered against the petitioner and no arrest was ever initiated.
2.
Whether the apprehension of arrest is reasonable in the absence of any registered case against the petitioner in the concerned police station.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.438

Parties & counsel

AI extract

petitioner
Stanly Sebastian
respondent
State of Kerala

Coram

AI extract

R. Narayana Pisharadi

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 1 Mar 2019 · March
Registered: 30 Jan 2019
Case no.: Bail Appl./736/2019
CNR: KLHC010078082019
Topic: Anticipatory Bail
Bench: R. Narayana Pisharadi
Disposal: DISMISSED

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Cite this judgement

Stanly Sebastian v. State of Kerala, Bail Appl./736/2019 (KL), decided on 1 March 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Cr.P.C.438

View all statutes

Bench / Coram

R. Narayana Pisharadi

Parties & counsel