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ALEXANDER THOMAS, C. S. SUDHA
Anu Mathew, W/o. Binu Punnayil Thomas – Appellant
Versus
State Of Kerala – Respondent
Key Points: - The judgment discusses jurisdiction of anticipatory bail courts under Sec.438 Cr.P.C when the applicant is abroad at filing time, holding that presence inside India is not strictly mandatory to file, but conditions may be imposed to regulate compliance (p_63, p_64, p_168, p_196-198, p_204-208). - Emphasizes that Sec.438 is a discretionary, protective provision balancing liberty and investigation, cautioning against blanket orders and stressing case-by-case assessment with factors from Gurbaksh Singh Sibbia and Mhetre (p_68, p_70, p_71, p_72, p_75-89, p_92-99, p_111-119, p_133-135, p_187-189, p_192-199). - Confirms that there can be interim bail or no-arrest directives when warranted, but such orders must conform to Sec.438(1)-(2) and avoid stifling investigation; conditions like interrogation availability and not leaving India without permission are illustrative (p_32, p_35-39, p_190-213, p_203-213). - The decision in Neeharika and Ramesh Kumar Bung, and Sushila Aggarwal guidance are referenced to limit blanket orders and require reasons for interim measures (p_96-99, p_134-136, p_213-219). - Specific case conclusions: in B.A. Nos. 4421/2022 and 4983/2022, interim bail orders were made absolute or upheld due to absence of absconding intent and completion of investigation; presence abroad can be considered but is not a per se bar (p_221-225, p_226-235).
ORDER :
Alexander Thomas, J.
-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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