Accused in a cheating case sought anticipatory bail. With no representation for the petitioner despite the petition pending three years, the court dismissed the 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 A. BADHARUDEEN
THURSDAY, THE 14TH DAY OF MARCH 2024/24TH PHALGUNA, 1945
BAIL APPL. NO. 4276 OF 2021
CRIME NO.28/2021 OF NALLALAM POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED:
ABDULLAKUTTY AGED 43 YEARS S/O. MUHAMMED, CHOLAKKAPARAMBIL HOUSE, VELIYAMTHODE, CHANDAKKUNNU P.O., NILAMBUR DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT- 679329. PIN - 679329
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
2 DHANYA
AGED 35 YEARS W/O SANDEEP, AGED 35 YEARS, MALLISSERY HOUSE, PERUMTHURUTHI, ELATHOOR P.O., KOZHIKODE DISTRICT- 673303. KOZHIKODE, PIN - 673303
BY ADV K.DENNY DEVASSY, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4276 OF 2021
2
ORDER
Dated this the 14th day of March, 2024
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by the accused in crime No.28/2021 of Nallalam police station, Kozhikode, alleging commission of offences punishable under Sections 406 and 420 of IPC.
No representation for the petitioner though this petition has been pending for the last three years. Hence, this petition stands dismissed.
Sd/A. BADHARUDEEN JUDGE
nkr
1 issue framed by the court
Whether the petitioner's pending anticipatory bail application under Section 438 CrPC should be considered.
2 provisions across 2 enactments
Abdullakutty
State of Kerala
Dhanya
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
