High CourtsSingle Bench(2021) 06 KL CK 0311

Akhil P.M vs State Of Kerala

High Court Of Kerala · Decided on 22 June 2021

HON’BLE JUDGES
P.Somarajan, J
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 408 Of 2021

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Judgment

10 paragraphs · 169 words

P.Somarajan, J

1.

The application seeking permission to move an application for anticipatory bail was rejected by the trial court and the communication was given to

the party under Annexure-A6. The order rejecting permission not produced.

2.

It is fairly conceded by the petitioner and the learned prosecutor that the said application was submitted seeking permission to move an application

for anticipatory bail. A petition seeking permission to move bail application has to be construed liberally so as to advance justice. Denial of an

opportunity to move an application would stand curtailing the valuable right of parties to agitate their issue before a competent court. Such an approach

cannot be sustained. Hence the order rejecting permission to move an anticipatory bail application cannot be sustained3. The jurisdiction vested is not

seen exercised in its correct perspective. Hence the same is hereby set aside. The matter is remanded back to the court below so as to enable the

party to agitate the issue properly.

The Crl. Appeal is allowed accordingly.