The High Court of Kerala dismissed a second bail application filed by a petitioner accused in a criminal case for cheating and criminal conspiracy. The court declined to grant bail because the petitioner failed to surrender within 10 days as ordered in an earlier bail application.
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 9THDAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945
BAIL APPL. NO. 5222 OF 2023
CRIME NO.1095/2019 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/2ND ACCUSED:
AJA.S.NAIR,
AGED 32 YEARS, D/O. RAJAMANIAMMA,
RAJA BHAVAN THUVAYOOR, SOUTH .P.O.,
PATHANAMTHITTA, PIN - 691552
BY ADVS.
SUMAN CHAKRAVARTHY
AMJATH A.R
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI. P.G. MANU (MAMMALASSERY), SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.5222 of 2023
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ORDER
Dated this the 9th day of November, 2023
Apprehending arrest in Crime No.1095 of 2019 of Kollam
East Police Station, Kollam, registered for offences under Sections 120B and 420 of the Indian Penal Code, the 2nd accused has filed this petition.
B.A.No.5222 of 2023
:3:
disregard to the judgment, the petitioner has not surrendered and has filed this application for anticipatory bail. In such circumstances, I am not inclined to pass any orders in this application.
Accordingly, this bail application is dismissed.
Sd/-
MOHAMMED NIAS C.P., JUDGE
mtk
B.A.No.5222 of 2023
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APPENDIX OF BAIL APPL. 5222/2023
PETITIONER ANNEXURES
A TRUE COPY OF THE JUDGMENT OF THIS
Annexure-1
HON'BLE COURT IN B.A NO.5104/2019
1 issue framed by the court
Whether anticipatory bail should be granted given the petitioner's failure to surrender as previously directed.
AJA.S.NAIR
STATE OF KERALA
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court