In BA No. 8757 of 2021, the Kerala High Court closed an anticipatory bail application as infructuous. The petition involved Section 379 IPC charges which were settled when the accused pleaded guilty and remitted the imposed fine. The order was dismissed.
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
MONDAY, THE 13TH DAY OF DECEMBER 2021/ 22ND AGRAHAYANA, 1943
BAIL APPL. NO. 8757 OF 2021
CRIME NO.1262 OF 2021 OF TIRUR POLICE STATION, MALAPPURAM
PETITIONER:
SHAMSEER.P.,,AGED 33 YEARS S/O.MOHAMMED ALI, PALAKKAL HOUSE, PERUNTHALLUR P.O., TRIPRANGODE, VETTOM-PALLIPPURAM, MALAPPURAM DISTRICT-676 102.
BY ADV BINOY VASUDEVAN
RESPONDENTS:
BY SMT.SEENA C., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A.No.8757 of 2021
P.G. AJITHKUMAR, J.
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B.A.No. 8757 of 2021
----------------------------------------------------------Dated this the 13th 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.
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B.A.No.8757 of 2021
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
3 issues framed by the court
Whether an application for anticipatory bail under Section 438 CrPC can be closed as infructuous when the accused has pleaded guilty and paid the fine.
Whether Section 379 IPC and offences under the Kerala Protection of River Banks Act warrant continuance of bail proceedings upon finalisation of the main case.
How the discharge of a bailable offence via guilty plea and payment of fine affects subsequent bail applications filed by the same accused.
3 provisions across 3 enactments
SHAMSEER.P.
THE STATE OF KERALA
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
