Single judge order admitting bail application where no crime was registered. Court dismissed the application, directing issuance of notice under Section 41A Cr.P.C. if presence is required for offenses punishable under seven years.
Application closed; direction to issue notice u/s 41A Cr.P.C. if presence needed.
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 MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH
KARTHIKA, 1945
BAIL APPL. NO. 297 OF 2023
PETITIONER
HAMZA VAYALAM VALAPPIL
AGED 45 YEARS
SON OF MOOSAN KUTTY, VAYALAM VALAPPIL HOUSE,
BLATHUR, KALLIAD P.O KANNUR, PIN - 670593
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, PIN - 682031
OTHER PRESENT:
SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 297 of 2023
2
MOHAMMED NIAS C.P, J.
--------------------------------------------B.A. No. 297 of 2023
-----------------------------------------------------Dated this the 16th day of November, 2023
O R D E R
The learned Public Prosecutor submits that no crime has
been registered against the petitioner till date.
In the light of the above submission, this Bail Application is closed. It is made clear that, if the presence of the petitioner is required in connection with this case, the Investigating Officer shall issue notice under Section 41A of Cr.P.C., if the offence
alleged is punishable for less than seven years.
Sd/-
MOHAMMED NIAS C.P
smm
JUDGE
1 issue framed by the court
Whether to grant bail to the petitioner when no crime has been registered yet.
1 provisions across 1 enactments
Hamza Vayalam Valappil
State of Kerala
Mohammed Nias C.P
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court