Considered an application for pre-arrest bail under Section 438 Cr.P.C. held that due to the applicant's absconding during investigation, pre-arrest bail is inappropriate though surrender to trial court is permissible.
Conditional directions to surrender before the trial court were issued; pre-arrest bail was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938
Bail Appl..No. 2748 of 2016 ()
CRIME NO.964/2015 OF HOSDURG POLICE STATION, KASARAGOD
PETITIONER(S)/ACCUSED NO.4 :-
PRAJWAL KUMAR, AGED 20 YEARS, M/O.PUSHPALATHA, 6/354, ALARAI, HOSDURG, KANHANGAD.
BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR
RESPONDENT(S)/COMPLAINANT & STATE :-
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31.
BY PUBLIC PROSECUTOR SMT.REMA.R
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
P.UBAID, J.
Dated this the 27th day of May, 2016
O R D E R
The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 964/2015 of the Hosdurg Police Station registered under Sections 341, 324, 326, 307 r/w Section 34 of the Indian Penal Code.
were arrested during the investigation and they were later released on bail. As the petitioner herein absconded during the
B.A. No. 2748 of 2016
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process, the Police closed the investigation and submitted final report showing him as an absconding accused. In such a situation he will have to surrender before the trial court. I do not think it appropriate to grant pre-arrest bail under Section 438 Cr.P.C. However, as already observed, he can surrender before the Court concerned and make application for bail.
This application for anticipatory bail is disposed of
accordingly.
P.UBAID, JUDGE
ttb/28/05
/TRUE COPY/
PA TO JUDGE
2 issues framed by the court
Whether the Court should have granted pre-arrest bail under Section 438 Cr.P.C. to the petitioner who absconded.
What is the appropriate direction when the applicant has failed to cooperate with investigation by absconding.
1 provisions across 1 enactments
PRAJWAL KUMAR
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
