A bail application by a petitioner arrayed as 2nd accused in Crime No.34/2024 of Mankada Police Station was examined; since the offences alleged (IPC Sections 506 and 509, IT Act Section 67) are all bailable, an application under Section 438 was held not maintainable and the application was closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 5 TH DAY OF FEBRUARY 2024 / 16TH MAGHA,
1945
BAIL APPL. NO. 636 OF 2024
CRIME NO.34/2024 OF MANKADA POLICE STATION,
Malappuram
PETITIONER/NOT AN ACCUSED IN FIR:
ABDUL SALEEL K.P.,
AGED 35 YEARS,
S/O.KASIM, PULPARAMBIL HOUSE, POOVATTUPARAMBA P.O,
PERUVAYAL, KOZHIKODE, PIN - 673008.
BY ADVS.
JOSEPH GEORGE
P.A.REJIMON
NIKITA NAIR C.S.
SAJEEV JOHN T.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031.
SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
B A No.636 of 2024 2
ORDER
Learned Public Prosecutor submitted that the petitioner herein is arrayed as the 2nd accused in Crime No.34 of 2024 of Mankada Police Station, Malappuram. The offences alleged are under Sections 506 and 509 of IPC and Section 67 of IT Act. Since all the offences alleged are bailable, an application under Section 438 of IPC is not maintainable.
Hence this application is closed.
Sd/- SOPHY THOMAS, JUDGE
DSV/-
B A No.636 of 2024 3
APPENDIX OF BAIL APPL. 636/2024
PETITIONER’S ANNEXURES :
Annexure A-1 TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT
NO:34/2024 DATED 07-01-2024 OF MANKADA POLICE
STATION.
RESPONDENT’S ANNEXURES : NIL
1 issue framed by the court
Whether an anticipatory bail application is maintainable when all offences alleged against the petitioner are bailable?
3 provisions across 3 enactments
Abdul Saleel K.P.
State of Kerala
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court