Petitioner filed an application for anticipatory bail under Section 438 CrPC. The court recorded counsel's submission that the matter was infructuous as the petitioner was already arrested and released on bail by a Judicial First Class Magistrate Court-II. The application was dismissed as infructuous.
Bail application dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943
BAIL APPL. NO. 8513 OF 2021
CRIME NO.565 OF 2020 OF VELLARIKUNDU POLICE STATION,
KASARAGODE
PETITIONER:
E.PADMANABHAN,
AGED 57 YEARS, SON OF CHANDU AMBADY, RESIDING AT NARIMOOLI HOUSE, KALICHANADUKKAM P.O., VELLARIKUNDU TALUK, KASARAGOD DISTRICT-671 314.
BY ADVS.
SRI.T.MADHU SMT.C.R.SARADAMANI SRI.SHAHID AZEEZ SRI.RENJISH S. MENON
RESPONDENTS:
2 THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT-671 533.
3 KUNHANI AMMA, AGED 79 YEARS, DAUGHTER OF KOOKKAL KANNAN NAIR, CHERAKKARA HOUSE, BANAM, PARAPPA P.O., VELLARIKUNDU TALUK, KASARAGOD DISTRICT-671 533. R1-R2 BY SRI.T.R.RENJITH-PP
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
M.A.C.A.No.853 of 2014
P.G. AJITHKUMAR, J.
----------------------------------------------------------B.A.No. 8513 of 2021
----------------------------------------------------------Dated this the 4th day of December, 2021
O R D E R
This is an application for granting anticipatory bail filed
under Section 438 of the Code of Criminal Procedure, 1973.
The learned counsel for the petitioner would submit that
the matter has become infructuous, inasmuch as the petitioner was arrested by the police and released on bail by the Judicial First Class Magistrate Court-II, Hosdurg.
The above submission is recorded, and the bail application is dismissed as infructuous.
SD/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether the bail application under Section 438 CrPC is maintainable when the petitioner was already released on bail by a Magistrate court.
1 provisions across 1 enactments
E. PADMANABHAN
THE STATE OF KERALA
KUNHANI AMMA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
