Sole accused in a rape case, earlier absconding and denied bail by the Magistrate after his 2024 arrest, sought regular bail under Section 439 CrPC as trial was pending. The High Court held further detention unnecessary given the stage of the case and granted bail with conditions.
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.G. AJITHKUMAR
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
BAIL APPL. NO. 2154 OF 2024
CRIME NO.41/2021 OF Chalissery Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.45 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI
PETITIONER/S:
SHIHAB
AGED 34 YEARS
S/O.ABOOBACKER, KULATHUPARAMBIL HOUSE, MATTAYA
POST, KOOTTUPATHA, PATTAMBI TALUK, PALAKKAD
DISTRICT, PIN - 679336
BY ADVS.
R.SREEHARI
HAMZA A.V.
APARNA M.P.
VIGNESH S.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 STATION HOUSE OFFICER CHALISSERY POLICE STATION, CHALISSERY-KALLUMPURAM ROAD, CHALISSERY POST, PATTAMBI TALUK ,PALAKKAD DISTRICT, PIN - 679536OTHER PRESENT:
Sr.PP RENJITH GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B A.NO. 2154 of 2024
2
P.G. AJITHKUMAR, J.
------------------------------B.A.No. 2154 of 2024
-------------------------------------------------------Dated this the 11th day of April, 2024
O R D E R
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
B A.NO. 2154 of 2024
3
The investigation in the matter is already over and there is no reason or justification for his further detention.
In the result, the bail application is allowed and the petitioner is granted bail on his/her executing a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
B A.NO. 2154 of 2024
4
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall surrender his passport before the learned Magistrate and if he does not have a passport, he shall submit an affidavit to that effect.
(iii) During the bail period, he shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE
SM
B A.NO. 2154 of 2024
5
APPENDIX OF BAIL APPL. 2154/2024
PETITIONER ANNEXURES
Annexure 1ORDER DATED 11/03/2024, PASSED IN
C.M.P NO.1093/2024 IN C.P.NO.45/2021
BY THE COURT OF THE JUDICIAL
MAGISTRATE OF FIRST CLASS, PATTAMBI
Annexure 2TRUE COPY OF THE PASSPORT OF THE
PETITIONER /ACCUSED WITH PASSPORT
NO.U8359191, ISSUED FROM THE REGIONAL
PASSPORT OFFICE, KOCHI
1 issue framed by the court
Whether the accused, arrested after absconding and in judicial custody pending trial, should be released on bail under Section 439 CrPC.
2 provisions across 2 enactments
Shihab
State of Kerala represented by Public Prosecutor
Station House Officer, Chalissery Police Station
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court