The High Court of Kerala dismissed a bail application filed by the second accused under Section 439 CrPC as the petitioner sought permission to withdraw the petition, which was granted and the application was accordingly dismissed.
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 MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944
BAIL APPL. NO. 602 OF 2023
CRIME NO.1488/2021 OF ARYANCODE POLICE STATION PENDING BEFORE THE ADDITIONAL SESSIONS COURT-I,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.2 :
JOBIN JOSE, S/O JOSE, AGED 31 YEARS, NELLIKKAPARAMBU, JOBI BHAVAN, CHEMBOOR, KEEZHAROOR, NEYYATTINKARA, THIRUVANANTHAPURAM-695125
BY ADV ANITHA MATHAI MUTHIRENTHY
RESPONDENT :
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
BY SRI.P G MANU, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.602 of 2023
..2..
A.BADHARUDEEN, J.
B.A.No.602 of 2023
--------------------------------------------------------
Dated this the 13th day of February, 2023
O R D E R
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the second accused in Crime No.1488 of 2021 of Aryancode Police Station pending before the Additional Sessions Court-I, Thiruvananthapuram.
Accordingly, this Bail Application stands dismissed as withdrawn.
B.A.No.602 of 2023
..3..
Registry is directed to forward a copy of this order to the Jurisdictional Court and Sessions Court for
information and future guidance.
Sd/- A.BADHARUDEEN, JUDGE
rkj
1 issue framed by the court
Whether bail application requires adjudication on merits upon withdrawal.
1 provisions across 1 enactments
JOBIN JOSE
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
