This single-line order dismissed an anticipatory bail application because the investigation was completed and a final report submitted. The court directed petitioners to seek regular bail from the Magistrate.
Application disposed of; petitioners directed to approach the Magistrate for regular bail.
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
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA,1943 BAIL APPL. NO. 8636 OF 2021
(CRIME NO.87 OF 2019 OF BEKAL POLICE STAATION, KASARAGOD) PETITIONERS:
BY ADV SRI.SUNNY MATHEW
RESPONDENTS:
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A.No.8636 of 2021
P.G. AJITHKUMAR, J.
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B.A.No. 8636 of 2021
----------------------------------------------------------Dated this the 4th 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.
No.87 of 2019 of Bekal Police Station, for having allegedly committed the offences punishable under Sections 143, 147, 148 and 436 read with Section 149 of the Indian Penal Code, 1860 and under Section 4 of the Kerala Prevention of Damage to the Private Properties & Payment of Compensation Ordinance, 2019.
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B.A.No.8636 of 2021
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B.A.No.8636 of 2021
officer in contemplation of a further investigation in the matter, the Magistrate may decide the application for bail, subject to the decision on the application for custody.
The bail application is disposed of as above.
SD/-
P.G. AJITHKUMAR, JUDGE
dkr
2 issues framed by the court
Whether anticipatory bail should be granted when the investigation is completed and a final report has been filed by the police.
Whether the petitioners may approach the Magistrate for regular bail once cognizance is taken.
Colour shows how this judgement treated each authority
Sukumari v. State of KeralaReferred¶32
Sukumari v. State of Kerala [2001 (1) KLT 22]
2 provisions across 1 enactments
SASIDHARAN C.
JANARDHANAN A.
THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT
STATE OF KERALA
P.G. AJITHKUMAR
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
