Court dismissed the bail application under Section 438 CrPC filed by an accused in a cheating case regarding chit money. The judge declined pre-arrest bail due to the petitioner's antecedents involving bail breach in another case.
Application for bail under Section 438 CrPC dismissed; petitioner not granted pre-arrest bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937
Bail Appl..No. 6069 of 2015
CRIME NO. 455/2015 OF MALAMPUZHA POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED A-1:
SHIVASHANMUGHAM, AGED 43 YEARS, CHIRAKKAD, KUNNATHURMEDU, PALAKKAD.
BY ADV. SRI.K.ANAND
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE SUB INSPECTOR OF POLICE, MALAMPUZHA POLICE STATION, PALAKKAD DISTRICT-678101.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
A.HARIPRASAD, J.
B.A. No.6069 of 2015
Dated this the 25th day of November, 2015
ORDER
Application for bail under Section 438 of the Code of
Criminal Procedure.
40 cases have been filed against him.
that the petitioner was released on bail in another case, but there is a report by the investigating agency that the petitioner is not complying with the conditions in the bail order and the investigating officer has taken steps to cancel the bail.
2
BA No.6069/2015
Considering the antecedents of the petitioner, I am not inclined
to grant pre-arrest bail to the petitioner. Bail application is dismissed.
A. HARIPRASAD, JUDGE.
cks
2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted to a petitioner accused of cheating in chitty business.
Whether the petitioner's antecedents of having released on bail in another case with non-compliance preclude granting bail.
2 provisions across 2 enactments
Shivashanmugham
State of Kerala
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
