This is an anticipatory bail application filed under Section 438 CrPC by four accused persons. The petitioners did not attend. The prosecution cited a prior order quashing the underlying criminal proceedings, rendering the application infructuous, which the Court accepted.
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 A. BADHARUDEEN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
BAIL APPL. NO. 4549 OF 2021
CRIME NO.286/2021 OF KUNDARA POLICE STATION, KOLLAM DISTRICT
PETITIONERS/ACCUSED NO.1 TO 4:
3 MUHAMMED SHAN, S/O.NAVAS KHAN, AGED 22 YEARS, RESIDING AT NAJATHA MANZIL, EDAVATTOM, CHANDANATHOPPU P.O., KOLLAM - 691 014. 4 RIJITH.O.S. S/O.OMANAKUTTAN, AGED 23 YEARS, RESIDING AT THOTTOMKARA VEEDU, MAMOODU, CHANDANATHOPPU P.O., KOLLAM - 691 014. BY ADVS. R.N.SANDEEP KEERTHI VIJAYAN
RESPONDENTS/COMPLAINANT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No. 4549 of 2021
2
ORDER
Dated this the 23rd day of August, 2023
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, by accused Nos. 1 to 4 in Crime No.286/2021 of Kundara Police Station, Kollam.
Recording the submission, the bail application stands dismissed as infructuous.
Sd/-
A. BADHARUDEEN JUDGE
SK
1 issue framed by the court
Whether an anticipatory bail application is maintainable when the underlying criminal proceedings have been quashed by this Court.
1 provisions across 1 enactments
1 THOWFEEK.T.
2 MUHAMMED EESA
3 MUHAMMED SHAN
4 RIJITH.O.S.
THE STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
