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2023 Supreme(Ker) 248

ALEXANDER THOMAS, C. S. SUDHA
Anu Mathew, W/o. Binu Punnayil Thomas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : E.D.GEORGE, LINU G. NATH
For the Respondent: SRI.S.U.NAZAR, SRI.TOM JOSE PADINJAREKKARA, SRI.SUMAN CHARAVARTHY, SMT.SAIPOOJA - AMICUS CURIAE

ORDER :

Alexander Thomas, J.

    “....the issue (of bail) is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process.”

-Justice V R Krishna Iyer in G. Narasimhulu v. P.P., [(1978) 1 SCC 240, p. 242, para 1]

The afore captioned applications have been instituted under Sec.438 of the Code of Criminal Procedure, 1973, seeking for grant of anticipatory bail to the applicants concerned, in respect to their involvement as accused persons in the crimes concerned.

2. These bail applications have come up for consideration before the Division Bench pursuant to the reference orders made by the Single Benches concerned, as per order dated 27.6.2022 in B.A.No.4421/2022 and order dated 28.6.2022 in B.A.No.4983/2022, whereby the cases have been referred to the Division Bench in exercise of the powers under the proviso to Sec.3 of the Kerala High Court Act, 1958. The sole issue has been referred for determination in B.A.No.4983/2022 and 3 issues have been referred for determination before the Division Bench in B.A.No.4421/2022. The said 4 issues in referred to the Division Benc

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