The High Court of Kerala dismissed an anticipatory bail application under Section 438 CrPC because the police File Report under Section 173(2) CrPC had already been filed by the investigating agency.
The bail application was dismissed on the ground that the final police report was already filed.
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.G. AJITHKUMAR
MONDAY, THE 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943
BAIL APPL. NO.5151 OF 2021
PETITIONER/ACCUSED:
1 ABDUL SALEEM, AGED 50 YEARS, ABDUL SALEEM, S/O ABOOBACKER, THOTAAMPULLY HOUSE,
ITTONAM, CHANTHANOOR.P.P., THIRUMITTAKODE, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679 537.
2 NABEESATH MISIRIAYA, AGED 47 YEARS, W/O ABDUL SALEEM, THOTAAMPULLY HOUSE,
ITTONAM, CHANTHANOOR.P.P., THIRUMITTAKODE, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679 537.
BY ADVS. K.A.MANZOOR ALI T.K.SURESH M.ASIF SHAMSHEERA A.P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, PALAKKAD DISTRICT.
*ADDL.R3 RUGMINI, AGED 53 YEARS, W/O SREEDHARAN, KARUPARAMBIL HOUSE, CHELOOR DESOM, THICHUR VILLAGE, THALI POST, VARAVOOR VIA,
BAIL APPL. NO.5151 OF 2021
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*** THRISSUR DISTRICT, PIN-68 0589**
IS IMPLEADED AS PER ORDER DATED 02/08/2021 IN CRL.M.A.NO.1/2021.
BY ADV.SREELAKSHMI SABU
SMT SEENA C., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.5151 OF 2021
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ORDER
Heard the learned counsel appearing for the petitioner.
copy of the report filed under Section 173(2) of the Code of Criminal Procedure in Crime No.63 of 2020. The final report was filed on 30.11.2021 before the Judicial First Class Magistrate Court, Wadakkanchery.
Since the report under Section 173(2) of the Code has already been filed, the application which was filed under Section 438 of the Code of Criminal Procedure does not deserve consideration. Hence this application is dismissed.
Sd/-
P.G. AJITHKUMAR
JUDGE
bpr
1 issue framed by the court
Whether a bail application under Section 438 CrPC deserves consideration when the Section 173(2) report has already been filed by the police.
2 provisions across 1 enactments
Abdul Saleem
Nabeesath Misiriaya
State of Kerala
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
