Petitioner sought anticipatory bail under s. 438 CrPC for offences under IPC 406/420. The court held that since the charge sheet was filed and the matter was pending trial, the application was disposed of without granting bail.
Anticipatory bail application disposed of without granting bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943
BAIL APPL. NO. 9873 OF 2021
CRIME NO.504/2021 OF KORATTY POLICE STATION, THRISSUR
PETITIONER:
ABIMON
AGED 47 YEARS, S/O.VEERAVU, IKKARA HOUSE, MAMBRA, KORATTY, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680 308. BY ADVS. FRANCO T.J. G.SANTHOSH KUMAR (P).
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 RENEESH AGED 36 YEARS, S/O.ABDUL KHADER, NADAKKAPARAMBIL HOUSE, MAMBRA, KALLOOOR THEKKUMURY VILLAGE, KORATTY, THRISSUR RURAL, PIN - 680 308.
OTHER PRESENT:
SMT MAYA M.N. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
B.A.No.9873 of 2021
P.G. AJITHKUMAR, J.
----------------------------------------------------------B.A.No. 9873 of 2021
----------------------------------------------------------Dated this the 17th day of February, 2022
O R D E R
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2021 of Koratty Police Station, Thrissur. The offences alleged are under Sections 406 and 420 read with Section 34 of the Indian Penal Code, 1860.
learned Public Prosecutor would submit that final report in the matter has already been filed before the Judicial First Class Magistrate Court-I, Chalakkudy and the same is pending trial.
charge sheet has already been filed in the case, this application for anticipatory bail is disposed of.
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
1 issue framed by the court
Whether an application for anticipatory bail pending u/s 438 CrPC can be disposed of even after the charge sheet is filed.
2 provisions across 2 enactments
Abimon
State of Kerala
Renesh
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
