Anticipatory bail application by the first accused in a Vellathooval Police Station case; the court held the application was not maintainable since all alleged offences were bailable, and dismissed it.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
BAIL APPL. NO. 37 OF 2024
PETITIONER/ACCUSED:
SUMIL JOSEPH, AGED 39 YEARS S/O.JOSEPH, PALACKAL HOUSE,
PANAMKUTTY KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT, PIN - 685562
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
TUESDAY, THE 27 TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
B.A.NO.37 OF 2024
2
ORDER
Dated this the 27th day of February, 2024
This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the first accused in crime No.22 of 2024 of Vellathooval Police Station, Idukki, registered under Sections 323, 294(b), 506, 324 and Section 390 of IPC. Subsequently, Section 390 was deleted and Sections 427 and 34 of IPC were incorporated. The offences alleged at present are all bailable.
In such circumstances, this application for anticipatory bail is not maintainable. Accordingly, this bail application is dismissed.
Sd/SOPHY THOMAS JUDGE
SSK/27/02
1 issue framed by the court
Is anticipatory bail maintainable when all offences alleged are bailable?
3 provisions across 2 enactments
Sumil Joseph
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court