In a bail application under Section 438 Cr.P.C. filed by the accused without an impugned order, the High Court of Kerala dismissed the application by stating it can only be sought once a warrant or summons is issued.
Application closed; direction to approach learned Magistrate upon issuance of warrant/summons.
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 P.V.KUNHIKRISHNAN
WEDNESDAY, THE 05TH DAY OF AUGUST 2020 / 14TH SRAVANA, 1942
Bail Appl..No.884 OF 2020
CC 987/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR
PETITIONER/ACCUSED NO.3:
TINCY JOSEPH, AGED 40 YEARS W/O. TELSON, KURUPPASSERY HOUSE, KUNJHITHAI P.O., N.PRAVOOR, ERNAKULAM-683 522
BY ADVS. SRI.KALEESWARAM RAJ SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31
SRI.RENJITH.T.R., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.884/2020
2
O R D E R
Dated this the 5th day of August 2020
The above Bail Application is filed by the accused in C.C.No.987 of 2019 of Judicial First Class Magistrate Court-II, Kannur. This application is filed under Section 438 Cr.P.C. It is not clear from the averments in the Bail Application that the court issued a warrant against the petitioner or even a summons was issued to the petitioner. In such situation, the petitioner can appear before the learned Magistrate and seek bail.
With these observations, this Bail Application is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
csl
Tincy Joseph
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
