Criminal Procedure Code, 1973, Section 482, Kerala High Court Act, 1958, Section 5 -- Refusal to quash proceedings - Appeal u/s 5 of Kerala High Court Act - Maintainability - No appeal would lie u/s 5 of Kerala High Court Act against an order passed by single Judge refusing to exercise inherent powers u/s 482 Cr.P.C for quashing of a criminal case...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused already in custody in one case is not precluded from seeking pre arrest bail in connection with another case in which he apprehends arrest...........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. on grounds which were available even at the time of filing of first petition - Not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Second petition u/s 482 Cr.P.C. - No blanket rule that second petition u/s 482 of the Code would not lie in any situation - It depends upon facts and circumstances of individual case...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing FIR - Rejection of petition without going into merits of the case made out by appellant - Impugned order set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - S.389(1) second proviso is on par with S.439(2) Cr.P.C. - Court can even suo moto issue a notice calling upon accused to show cause why bail should not be cancelled - Under no circumstances, bail granted to accused u/s 389(1) Cr.P.C can be cancelled..........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - For default of Advocate appointed by accused, appellate Court cannot penalize accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity of being heard to him on the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix stated that she voluntarily went with accused, as she was in love with him - Plea of consent cannot be overlooked at this stage though shall be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix herself stated that she was in love with accused and they ran away together - They married each other and live together - Prosecutrix also stated..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Cannot be dismissed for default - Maintenance petition is not a complaint falling within purview of S.2(d) of the Code - Under the Code, only complaints can be dismissed u/s 256 Cr.P.C...........
