In a bail application under Section 438 CrPC for offences including culpable homicide not amounting to murder and damage to public property, the court granted anticipatory bail noting the dispute was largely civil in nature, ordering surrender for investigation.
Anticipatory bail granted; petitioner directed to surrender within two weeks for investigation.
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
FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943
BAIL APPL. NO. 7591 OF 2021
CRIME NOI.1083 OF 2021 OF ANCHAL POLICE STATION, KOLLAM PETITIONER:
KUNJU NINAN AGED 62 YEARS, S/O.PHILIP, ANITHA BHAVAN, MAVILA, AREEPLACHI P.O., THOLICODU (VIA), PUNALUR, KOLLAM DISTRICT, PIN-691 333.
BY ADV ANCHAL C.VIJAYAN
RESPONDENT:
STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031, THROUGH POLICE SUB INSPECTOR, ANCHAL POLICE STATION, KOLLAM DISTRICT.
SMT C.SEENA- PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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B.A.No.7591 of 2021
P.G. AJITHKUMAR, J.
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B.A.No. 7591 of 2021
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Dated this the 17th 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.
by the Public Works Department. By such acts, the Government sustained a loss of Rs.1,02,000/-.
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following conditions:
In case of breach of the bail conditions, the prosecution shall
be at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
2 issues framed by the court
Whether anticipatory bail should be granted in a quadruple offence involving encroachment of government land and destruction of public property.
Whether custodial interrogation is necessary given the underlying long-wont civil dispute.
3 provisions across 2 enactments
KUNJU NINAN
STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
