In this pre-arrest bail application under Section 438 Cr.P.C., the petitioner sought bail fearing arrest in Maharashtra. The Court rejected the application, holding that since the apprehended arrest was outside its geographic jurisdiction, it could not entertain the plea.
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
THURSDAY, THE 9TH DAY OF JUNE 2016/19TH JYAISHTA, 1938
Bail Appl..No. 2900 of 2016 ()
IN CRIME NO. (UNKNOWN) OF ULLAS NAGAR POLICE STATION, MAHARASTRA
PETITIONER(S)/ACCUSED:
KRISHNA KUMAR
S/O.P.K.VINOD KUMAR, AGED 25 YEARS, KRISHNAKIRAN, THONNALLOOR SOUTH, PANDALAM PO, PATHANAMTHITTA DISTRICT, PIN-689 501.
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENT(S)/STATE:
1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. STATE OF MAHARASHTRA REPRESENTED BY SUB INSPECTOR OF POLICE, ULLAS NAGAR POLICE STATION, KATEMANIVALI HANUMAN NAGAR, KALYAN, THANE DISTRICT, PIN-421 306, MAHARASHTRA.
3. COMMISSIONER OF POLICE MUMBAI, MAHARASTRA-410 001.
BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
ORDER
The petitioner herein seeks pre-arrest bail under
Section 438 of Cr.P.C. on the apprehension of arrest by the Ullas Nagar Police in Maharashtra. If at all any order can be passed by this Court under Section 438 of Cr.P.C., its enforcement cannot go beyond the limits of this Court.
There is nothing in the application to show that the petitioner apprehends arrest within the jurisdiction of this Court. In such a situation, the request cannot be entertained.
Accordingly, this application is rejected.
Sd/-
P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
1 issue framed by the court
Whether a pre-arrest bail application falls within the jurisdiction of a high court when the apprehended arrest is by police in a different state.
KRISHNA KUMAR
STATE OF KERALA
STATE OF MAHARASHTRA
COMMISSIONER OF POLICE MUMBAI
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
