The court dismissed a criminal miscellaneous case challenging an anticipatory bail order as infructuous because the petitioners had already been acquitted by the trial court in the underlying case.
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 ZIYAD RAHMAN A.A.
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 CRL.MC NO. 1429 OF 2016
AGAINST THE ORDER/JUDGMENT in Bail Appl. 806/2015 OF HIGH COURT OF KERALA
PETITIONER/S:
SAJEEV KUMAR K.P, AGED 44 YEARS S/O ASHOK KUMAR, RESIDING AT "KARTHIKA", PALLIKUNNU PO, KANNUR DISTRICT
BY ADVS. SRI.C.U.SANGEETH SMT.AMRITA JAYARAM SMT.R.BINUSREE SMT.PRIYA BABU
RESPONDENTS:
Crl.M.C. No.1429/2016
: 2 :
BY ADV SRI.P.K.RAVISANKAR
ADV SEETHA S -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.1429/2016
: 3 :
ORDER
Dated this the 12th day of June, 2023
This Crl.M.C. has been filed challenging the order of anticipatory bail granted by this Court in B.A. No.806/2016 as per Annexure-A2 order. Today, when the matter came up for consideration, the learned Public Prosecutor upon instructions submitted that, the trial in this case is already over and accused Nos.1 to 6 and 8 to 9 were already acquitted by the Judicial First Class Magistrate's Court, Thaliparamba on 13.04.2022. The 7th accused is no more.
In such circumstances, the prayer sought in this Crl.M.C. has become infructuous and accordingly it is dismissed as infructuous.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
1 issue framed by the court
Whether the prayer for challenging the order of anticipatory bail is maintainable given that the accused were already acquitted in the trial court.
Sajeev Kumar K.P
Ameer Ali
Baiju M.P.
Sudheer Babu
Pradeep Kumar
State of Kerala
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
