Dismissed

Sashank Sasikumar v. State of Kerala

Kerala HC9 Sept 2020/4294/2020

Case brief

AI extract

What is this about?

This order dismisses an application for anticipatory bail under Section 438 CrPC. The Court held that since the investigation was complete and the final report was filed, there was no scope for anticipatory bail, directing the applicant to seek regular bail instead.

What did the court decide?

Petitioner directed to surrender within two weeks and apply for regular bail. Anticipatory bail application dismissed.

Sashank Sasikumar Vs State of Kerala — Caste Atrocities | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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Bail Appl..No.4294 OF 2020

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AGAINST THE ORDER/JUDGMENT IN SC 799/2019 OF DISTRICT COURT & SESSIONS COURT,THRISSUR

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CRIME NO.637/2019 OF Irinjalakuda Police Station , Thrissur

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PETITIONER/S:

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SASHANK SASIKUMAR AGED 41 YEARS S/O. SUKUMARAKURUP, VASUDEVA SADANAM, CHERIYANADU, ALAPPUZHA, PIN-689511. 689511

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BY ADVS. SHRI.SURESH JOSEPH SRI.K.B.ARUNKUMAR SHRI.SYED MUHAMMED SALIH A.N.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 682031

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2 SUHATHAN, AGED 55 YEARS S/O.VELAYUDHAN, KUNJUVALAPPIL, AZAD ROAD DESOM, IRINJALAKKUDA, THRISSUR-680125.

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OTHER PRESENT:

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.4294 OF 2020 2

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O R D E R

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Dated this the 9th day of September 2020

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Application for anticipatory bail under Section 438 of Cr.P.C. The applicant is the sole accused in Crime No.637/2019 of Irinjalakuda Police Station, in which the final report has already been filed and pending before the District and Sessions Court, Thrissur as S.C. No.799/2019 for having allegedly committed offences punishable under Sections 448, 323, 294(b), 506 of IPC and under Section 3(1) (r) of the Schedule Castes and Scheduled Tribes Prevention of Atrocities Act, 1989.

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The applicant apprehending arrest approached the Sessions court, Thrissur for anticipatory bail by filing B.A.No.575/2020 and vide order dated 23.06.2020 the application was dismissed for the reason that the applicant has not been co-operating with the investigation and that non-bailable warrant is pending against him. Therefore, he is not entitled to get the extraordinary relief of anticipatory bail. Hence, the applicant has approached this Court for indulgence.

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It is seen that the investigation is already complete and the final report has been filed, and therefore, there is no point in seeking anticipatory bail to prevent arrest. The applicant has to apply for regular bail before the jurisdictional court. Hence, the applicant is

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Bail Appl..No.4294 OF 2020 3

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directed to surrender before the jurisdictional court within two weeks and apply for regular bail. The application so filed shall be considered as expeditiously as possible and preferably orders passed on the very

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same day.

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With these observations, the application for anticipatory bail is dismissed.

Sd/-

ASHOK MENON

JUDGE

rmm

Sashank Sasikumar v. State of Kerala

Case brief

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Sashank Sasikumar v. State of Kerala

Case brief

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