An anticipatory bail application dismissed by the Kerala High Court as the alleged offences under Sections 385, 451, and 511 IPC (read with Section 34) are bailable, rendering the apprehension of arrest misplaced. Court directed cooperation with investigation.
Application disposed of with direction to applicant to cooperate with investigation.
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
TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942 Bail Appl..No.4587 OF 2020
CRIME NO.540/2020 OF CHERANELLOOR POLICE STATION , ERNAKULAM
PETITIONER/ACCUSED:
FIROZ KUNNUMPARAMBIL, AGED 36 YEARS, S/O ANVAR, KUNNUMPARAMBIL, ALATHOOR, PALAKKAD, PIN - 678541 BY ADVS. SRI.S.RAJEEV SRI.V.VINAY SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031 R1 BY PUBLIC PROSECUTOR R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI.C.K.SURESH – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.4587 OF 2020
2
ORDER
Dated this the 18th day of August 2020
APPLICATION FOR ANTICIPATORY BAIL
The applicant has approached this Court for anticipatory bail, anticipating arrest in Crime No.540 of 2020 of Cheranelloor Police Station, Ernakulam, for having allegedly committed non-bailable offences. The learned public prosecutor submits that at present the alleged offences against the applicant are punishable under Sections 511 of 385 and 451 read with Section 34 of the IPC only. The offences as it stands now, are all bailable and therefore, the apprehension of the applicant that he may be arrested is misplaced.
In the result, the application is disposed of, with a direction
to the applicant to co-operate with the investigation.
Sd/-
ASHOK MENON JUDGE
NR/18/08/20
1 issue framed by the court
Whether anticipatory bail is maintainable in the present facts where the allegations are punishable under bailable offences.
1 provisions across 1 enactments
FIROZ KUNNUMPARAMBIL
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
