The Kerala High Court dismissed a pre-arrest bail application as infructuous. The Court observed that the non-bailable offence under Section 308 IPC was deleted, leaving only bailable offences, and the petitioner had already been released on station bail.
Bail application 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 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Bail Appl..No.434 OF 2021
CRIME NO.868/2020 OF Bekal Police Station, Kasargod
PETITIONER/ACCUSED:
SUMESH
AGED 44 YEARS KOTTIKULAM HOUSE KOTTIKULAM VILLAGE BAKEL KASARGOD 671318
BY ADV. SRI.P.K.SUBHASH
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.434/2021 2
O R D E R
Dated this the 15th day of February 2021
The applicant has approached this Court seeking a pre-arrest bail in the aforesaid Crime for the offence punishable under Section 308 of the Indian Penal Code (IPC).
2. The learned public prosecutor, on
instructions, submits that offence under Section 308 IPC has subsequently been deleted and now only bailable offences are remaining in the FIR. It is further submitted that the applicant had appeared before the investigating officer and he has been released on station bail.
In the light of the aforesaid submission, this bail application has become infructuous and hence this bail application is dismissed as infructuous.
Sd/ASHOK MENON
pkk
JUDGE
1 issue framed by the court
Whether the bail application should be decided in light of the later deletion of the non-bailable charge and subsequent station bail.
1 provisions across 1 enactments
SUMESH
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
