Anticipatory bail application dismissed as not maintainable because the offences investigated are bailable under Section 294(b), 323, 325 and 34 of the I.P.C.
Application dismissed as not maintainable.
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
WEDNESDAY, THE 22ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943
BAIL APPL. NO. 9167 OF 2021
CRIME NO.1584 OF 2021 OF SASTHAMCOTTA POLICE STATION,
KOLLAM
PETITIONERS:
1 SUDHEESH,
AGED 31 YEARS, S/O.MURALEEDHARAN PILLAI, THIRYIL VEEDU, KUNNATHOOR EAST P.O., KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 690 520.
AGED 38 YEARS, S/O.VIJAYAN, GAYATHRI BHAVANAM, MANAMPUZHA P.O., KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 691 553.
BY ADV P.V.DILEEP
RESPONDENTS:
SRI M.C.ASHI-PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
B.A.No.8450 of 2021
P.G. AJITHKUMAR, J.
-----------------------------------------------------------
B.A.No. 9167 of 2021
-----------------------------------------------------------
Dated this the 22nd 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.
Crime No.1584 of 2021 of Sasthamcotta Police Station.
the report of the investigating officer along with a copy of the F.I.R. The offences revealed from the investigation so far conducted are punishable under Sections 294(b), 323 and 325 read with Section 34 of the I.P.C. These offences are bailable. Hence the application is not maintainable and the same is dismissed as not maintainable.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether an anticipatory bail application is maintainable when the offences involved are already bailable under the I.P.C.
2 provisions across 2 enactments
Sudheesh
Arun
Manoj
State of Kerala
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
