This is an original bail application challenging regular bail. The High Court dismissed it, holding that the applicant had absconded after earlier bail and remained absent until caught in another crime, indicating a lack of willingness to cooperate.
Bail application dismissed. Applicant to remain in judicial custody.
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
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942 Bail Appl..No.633 OF 2021
CRIME NO.212/2013 OF Ambalavayal Police Station, Wayanad
PETITIONER/S:
CHANDRAN AGED 38 YEARS DAS HOUSE, ASARIPPADI, CHEERAL VILLAGE, SULTHAN BATHERY 673592
BY ADV. SRI.K.ASHIS
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.633 OF 2021 2
O R D E R
Dated this the 3rd day of February 2021
Application for regular bail under Section 439 of Cr.P.C. Applicant is the 1st accused in Crime No.212/2013 of Ambalavayal Police Station, which is presently pending before the Special Judge NDPS Act cases, Additional Sessions Judge-II, Kalpetta as SC No.268/2020. The applicant has allegedly committed offences punishable under Sections 454, 461, 380,
201 r/w Section 34 of IPC.
Bail Appl..No.633 OF 2021 3
Bail Appl..No.633 OF 2021 4
commence and I find no reason to grant bail to the applicant who was absconding and there is every possibility that the matter would be expeditiously disposed of and hence the application is only to be dismissed.
SD/-
ASHOK MENON
JUDGE
rmm
2 issues framed by the court
Whether bail ought to be granted to an accused who absconded after previously being granted bail.
Whether the short duration of current custody justifies releasing an accused who jumped bail earlier.
2 provisions across 2 enactments
CHANDRAN DAS
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
