The High Court of Kerala dismissed two bail applications (Nos. 325 and 330 of 2022) as infructuous. The Public Prosecutor submitted that the police had referred the accused's cases (Nos. 1308/2021 and 1313/2021) for trial at the session court, rendering local trial court bail petitions ineffective.
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.V.KUNHIKRISHNAN WEDNESDAY, THE 12TH DAY OF JULY 2023 / 21ST ASHADHA, 1945
BAIL APPL. NO. 325 OF 2022
PETITIONERS/ACCUSED 1 TO 6:
1 BYJU SEBASTIAN AGED 45 YEARS, S/O. V.T SEBASTIAN, VELLAPLAMURIYIL, MAKKAPUZHA P.O, RANNI, PATHANAMTHITTA 689 6762 K.E MATHEW AGED 58 YEARS, S/O. K.E ISOW, KOCHUMEPURATHU, MAKKAPUZHA P.O, RANNY, PATHANAMTHITTA 689 6753TONY ROY MATHEW
AGED 21 YEARS, S/O. ROY PHILIP,
CHERUVAZHAKUNNEL (H) VALIYAKAVU P.O, RANNY,
PATHANAMTHITTA 689 675
4 JIJO VARGHESE GEORGE AGED 36 YEARS, S/O. GEORGE VARGHESE, AYRANATHARA HOUSE, MAKKAPUZHA P.O, RANNI, PATHANAMTHITTA 689 6765JOYKUTTY A.T
AGED 66 YEARS, S/O. A. THAMPAN,
AYIRANATHARA HOUSE, MAKKAPUZHA P.O, RANNI,
PATHANAMTHITTA 689 676
6SHERLY GEORGE
AGED 57 YEARS, D/O. MATHEW P C,
AYIRANATHARA P.O, RANNI, PATHANAMTHITTA 689 676
BY ADVS.SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL
P.M.MOHAMMED SALIH
ANOOP SEBASTIAN
PRAMITHA AUGUSTINE
IRINE MATHEW
ADITHYA KIRAN V.E
ANJALI NAIR
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
B.A.Nos.325 & 330 of /2022
2
2 THE STATION HOUSE OFFICER, RANNY POLICE STATION, PATHANAMTHITTA-689676.ADDL.R3MOHANAN V.R,
HAVING PERMANENT RESIDENCE AT VEMBALAPARAMBIL
HOUSE, KOOVAPALLAY P.O, KOOVAPALLAY VILLAGE,
KANJIRAPALLY TALUK, KOTTAYAM
PRESENTLY RESIDING AT KOKKAVALLIL OUSE,
CHETHAKKAL P.O, CHETHAKKAL VILLAGE,
PATHANAMTHITTA-686511
IS IMPLEADED AS PER ORDER DATED 01/04/2022 IN
CRL.M.A.NO/1/2022.
BY ADV V.SETHUNATH
OTHER PRESENT:
SMT.MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.07.2023, ALONG WITH Bail Appl..330/2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.325 & 330 of /2022
3
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 12TH DAY OF JULY 2023 / 21ST ASHADHA, 1945
BAIL APPL. NO. 330 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
PETITIONERS/ACCUSED 1 & 2:
1BYJU SEBASTIAN,
AGED 45 YEARS, S/O.V.T. SEBASTIAN,
VELLAPLAMURIYIL, MAKKAPUZHA P.O., RANNI,
PATHANAMTHITTA 689 676.
2JIJO VARGHESE GEORGE,
AGED 36 YEARS, S/O. GEORGE VARGHESE,
AYRANATHARA HOUSE, MAKKAPUZHA P.O., RANNI,
PATHANAMTHITTA 689 676.
BY ADVS.
SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL
P.M.MOHAMMED SALIH
ANOOP SEBASTIAN
PRAMITHA AUGUSTINE
IRINE MATHEW
ADITHYA KIRAN V.E
ANJALI NAIR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.2 THE STATION HOUSE OFFICER, RANNY POLICE STATION, PATHANAMTHITTA 689 676.ADDL.R3 BABU T,
S/O CHACKO THOMAS, HARAYILETH HOUSE ,
PLACHERRY, PATHANAMTHITTA 686544
IS IMPLEADED AS PER ORDER DATED 01/04/2022 IN
B.A.Nos.325 & 330 of /2022
4
CRL.M.A.NO.1/2022.
BY ADV V.SETHUNATH
ADV.MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 12.07.2023, ALONG WITH Bail
Appl..325/2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
B.A.Nos.325 & 330 of /2022
5
P.V.KUNHIKRISHNAN, J.
-------------------------------B.A.Nos.325 & 330 of 2022
---------------------------------------------Dated this the 12th day of July, 2023
ORDER
When these bail applications came up for consideration, the Public Prosecutor submitted that Crime Nos.1308/2021 and 1313/2021 of Ranny Police Station are referred by the Police.
If the light of the above submission, these bail applications are infructuous. Therefore, these bail applications are dismissed as infructuous.
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
1 issue framed by the court
Whether bail applications are maintainable when the underlying criminal cases are transferred/fixed at the next session court.
BYJU SEBASTIAN
JIJO VARGHESE GEORGE
STATE OF KERALA
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court