High Court of Kerala at Ernakulam considered an anticipatory bail application. The petitioner, an accused in a 2010 Assam crime, was denied bail due to the delayed filing and inability to justify genuine apprehension. The application was dismissed.
Application dismissed; petitioner directed to approach jurisdictional court.
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 MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 1ST DAY OF DECEMBER 2021 / 10TH AGRAHAYANA, 1943
BAIL APPL. NO. 4331 OF 2021
PS CASE NO.18/2020, BUREAU OF INVESTIGATION (E.O) SRIMANTAPUR,
GUWAHATI
PETITIONER:
PALLIPATTU RAMAN HARIDAS AGED 54 YEARS SON OF RAMAN NAIR, PALLIPATTU HOUSE, ANNAMANADA P.O, MALA , THRISSUR DISTRICT. THRISSUR, PIN - 680732
BY ADVS. SAM ISAAC POTHIYIL TINU JOHNSON VISHNU DAS SRUTHI DAS PHILIP ARUN M.N. MOHAMED AMJAD K.M JISHMA K.S OSHIN MENDEZ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER ANNAMANADA ROAD, MALA POLICE STATION, THRISSUR DISTRICT PIN - 680732
3 STATE OF ASSAM REPRESENTED BY INSPECTOR OF POLICE, INSPECTOR OF THE CASE, BUREAU OF INVESTIGATION (EO) SRIMANTAPUR, GUWAHATI, PIN - 781032
BAIL APPL. NO. 4331 OF 2021
2
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4331 OF 2021
3
ORDER
The petitioner is the accused in PS case No.18/2020, Bureau of Investigation (E.O) Srimantapur, Guwahati-32, Assam State. The crime is of the year, 2010. The learned Public Prosecutor also finds it difficult to get instructions in this case. The crime is of the year 2010, but this application has been moved only now. So it is obvious that the apprehension expressed by him is not genuine. He had ample opportunity to move before the Jurisdictional Court but he failed to do so. Having regard to nature of the accusation levelled against him as well the other facts involved, I find that this petitioner is not entitled for prearrest bail. The petitioner can approach the jurisdictional court and seek pre-arrest bail. Hence, this application is dismissed.
SHIRCY V.
ska
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case instituted by the Bureau of Investigation in Assam.
Pallipattu Raman Haridas
State of Kerala
State of Assam
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
