Dismissed

Mohanan @ Ganapathi Assari v. State of Kerala

Kerala HC15 Dec 2021Bail Appl./8696/2021

Case brief

AI extract

What is this about?

In this bail application under Section 438 CrPC, petitioner requested anticipatory bail citing co-accused acquittal. The court held that when the case is pending trial with an outstanding warrant, anticipatory bail is not granted unless compelling reasons exist, directing the trial court to consider bail upon production.

What did the court decide?

Application dismissed; trial court directed to consider bail application upon arrest and production of the petitioner.

Mohanan @ Ganapathi Assari Vs State of Kerala — Anticipatory Bail | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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WEDNESDAY, THE 15^TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA, 1943

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BAIL APPL. NO. 8696 OF 2021

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S.C.NO.106 OF 2002 OF THE III ADDITIONAL SESSIONS COURT, THRISSUR

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(C.P.NO.11 OF 2002 OF JUDICIAL FIRST CLASS MAGISTRATE

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COURT-III, THRISSUR)

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PETITIONER:

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MOHANAN @ GANAPATHI ASSARI, AGED 51 YEARS, S/O. ARUMUGHAN, SAROJA BHAVAN, NEAR CORPORATION CASHEW NUT COMPANY, KOTTAPPURAM DESOM, KOTTARAKKARA TALUK, KOLLAM.

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BY ADVS.

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M.SHAJU PURUSHOTHAMAN K.S.RAJESH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 THE STATION HOUSE OFFICER MANNUTHY POLICE STATION, THRISSUR DISTRICT.

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SMT.C.SEENA, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.12.2021, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A.No.8696 of 2021

P.G. AJITHKUMAR, J.

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----------------------------------------------------------B.A.No. 8696 of 2021

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----------------------------------------------------------Dated this the 15^th day of December, 2021

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioner is the 3^rd accused in S.C.No.106 of 2002 on the file of the III Additional Sessions Court, Thrissur.

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The offences alleged are under Sections 55(a) and (i) of the Abkari Act.

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The learned counsel for the petitioner would contend that accused Nos.1 and 4 in the case were tried and acquitted finding that there was no evidence to connect them in the crime as per judgment dated 10.03.2004. The learned counsel would submit that in the said judgment the learned Sessions Judge observed that there was no evidence to prove that the petitioner/3^rd accused was the owner of the vehicle at any point of time. Banking upon the said finding, the learned counsel now seeks to grant anticipatory bail to the petitioner.

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B.A.No.8696 of 2021

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The case against the petitioner was split up and refiled since he had been absconding from the process of the court. The learned Public Prosecutor would submit that the case against the petitioner is pending trial before the Sessions Court, Thrissur. Obviously, warrant for the arrest of the petitioner is pending execution. I am of the view that when the case is pending trial, anticipatory bail for the reason of the trial court issuing a non-bailable warrant shall not be granted, unless there are compelling reasons. It is for the trial court to decide on the basis of the materials before it to decide whether or not the petitioner is to be released on bail.

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In the circumstances, the application is dismissed, however, directing the trial court to consider the bail application to be filed on the arrest and production of the petitioner, in the light of the judgment dated 10.03.2004 and such other relevant materials.

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

Mohanan @ Ganapathi Assari v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohanan @ Ganapathi Assari v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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