In two bail applications filed by convicted or accused persons in Crime No.668/2019, the Kerala High Court found that the prerequisites for bail had ceased to exist or conditions were no longer met. Consequently, the court held the applications infructuous and dismissed them.
Bail applications dismissed as infructuous.
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 ASHOK MENON
MONDAY, THE 13TH DAY OF JULY 2020 / 22ND ASHADHA, 1942
Bail Appl..No.1223 OF 2020
AGAINST THE ORDER/JUDGMENT IN CMP 257/2020 DATED 16-01-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PALAKKAD
CRIME NO.668/2019 OF Town North Police Station , Palakkad
PETITIONERS/12TH AND 15TH ACCUSED:
1 ABDUL KHADER, AGED 23 YEARS S/O.MUSTHAFA, KUNNAPPALLIVALLI, MANNANCHERRY P.O., ALAPPUZHA DISTRICT, PIN-688 538.
2 ANZARI, AGED 29 YEARS S/O.ABDUL RAZAK, MANNARAMPALLY, MANNANCHERRY P.O., ALAPPUZHA DISTRICT, PIN-688 538.
BY ADVS.
SRI.RAJU SEBASTIAN VADAKKEKKARA SRI.S.KRISHNA KUMAR (MANGALAM) SHRI.SANTHOSH BHASKARAN NAIR SHRI.SABAD K.H. SHRI.BERTRAND BASIL
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY ADV.
SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.07.2020, ALONG WITH Bail Appl..418/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..No.418 & 1223 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 13TH DAY OF JULY 2020 / 22ND ASHADHA, 1942
Bail Appl..No.418 OF 2020
CRIME NO.668/2019 OF Town North Police Station , Palakkad
PETITIONER/5TH ACCUSED:
LAIJU V.G. AGED 33 YEARS S/O.GOPALAN, VALIYAVEEDU VELIYIL, PATHIRAPPILLY.P.O., ALAPPUZHA DISTRICT, PIN 688 501
BY ADV. SRI.K.C.SUDHEER
RESPONDENT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031 (CRIME NO.668 OF 2019 OF PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD DISTRICT.)
ADDL. MUHAMMED BASHEER 2 AGED 46 YEARS S/O ABDUL RAHMAN, MADIRAMPULLI(H), TIRURKAD PO, ANGADIPURAM, MALAPPURAM DT.679321.
IS IMPLEADED AS ADDL.R2 AS PER THE ORDER DATED 19/2/2020 IN CRL.MA NO.1/2020.
R2 BY ADV. M.MUHAMMED SHAFI SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.07.2020, ALONG WITH Bail Appl..1223/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.418 & 1223 OF 2020
3
ORDER
[ Bail Appl..1223/2020, Bail Appl..418/2020 ] Dated this the 13th day of July 2020
When the matters are taken up, learned counsel for the petitioners
submitted that the matters have become infructuous.
Accordingly, these bail applications are dismissed as infructuous.
Sd/ASHOK MENON JUDGE
SCS
1 issue framed by the court
Whether the bail applications filed by the 5th, 12th and 15th accused stand dismissed as infructuous.
Abdul Khader
Anzari
Laiju V.G.
State of Kerala
Addl. Muhammed Basheer
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
