Anticipatory bail application dismissed as offences alleged are bailable, rendering Section 438 CrPC inapplicable.
The anticipatory bail application is dismissed as non-maintainable.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 13TH DAY OF DECEMBER 2021/ 22ND AGRAHAYANA, 1943 BAIL APPL. NO. 5344 OF 2021
CRIME NO.506 OF 2021 OF KEEZHVAIPUR POLICE STATION,
PATHANAMTHITTA
PETITIONER:
JOLLY MATHEW
AGED 24 YEARS, D/O.JOSEPH, KALAPURAKKAL MALAYIL HOUSE, KULLAMTHANAM, KEEZHVAIPUR, PATHANAMTHITTA, PIN - 689 586.
BY ADV M.R.SASITH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
SMT.SEENA C., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A.No.5344 of 2021
P.G. AJITHKUMAR, J.
----------------------------------------------------------B.A.No. 5344 of 2021
----------------------------------------------------------Dated this the 13th day of December, 2021
O R D E R
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
the fact that she already was holding a passport, applied and obtained a second passport from the Regional Passport Office, Thiruvananthapuram. In order to do so, the petitioner has forged documents and submitted such forged documents purporting to be genuine before the authorities for obtaining the passport. Hence, she committed the offences as alleged.
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B.A.No.5344 of 2021
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B.A.No.5344 of 2021
bailable, provisions under Section 438 of the Code of Criminal Procedure do not have any application. Hence, this application for anticipatory bail is not maintainable and the
same is dismissed.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
2 issues framed by the court
Whether an application for anticipatory bail is maintainable when the offences alleged against the accused are bailable?
Is there any application of provisions under Section 438 CrPC for bailable offences?
Colour shows how this judgement treated each authority
Vijayan v. State of Kerala and othersReferred¶31
Vijayan v. State of Kerala and others [2009 (4) KHC 869]
3 provisions across 3 enactments
Jolly Mathew
State of Kerala
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.G. Ajithkumar
Parties & counsel
