Single judge held pre-arrest bail under Section 438 Cr.P.C. not maintainable as final police report was filed, directing petitioner to seek regular bail from trial court; petition closed.
Petition closed; petitioner to approach trial court for regular bail.
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 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938
Bail Appl..No. 3065 of 2016
CRIME NO. 255/2016 OF AIROOR POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/IST ACCUSED:
VIMALAN, S/O. APPU, AGED 40 YEARS, KOLLAMTHAZHIKAM, CHIRAKKARA, PARIPPALLY, KOLLAM.
BY ADVS.SRI.M.R.SARIN SRI.M.R.SASITH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR OF POLICE, AYIROOR POLICE STATION, VARKALA, THIRUVANANTHAPURAM - 695 001.
BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
P.UBAID, J.
============================ B.A.No.3065 of 2016
============================ Dated this the 18th day of August, 2016
The petitioner herein is the first accused in Crime No.255 of 2016 of the Ayiroor Police Station, registered under Sections 452, 323, 427, 506(ii), 294(b) and 354 IPC, and under Sections 31 and 32 of Protection of Women from Domestic Violence Act of 2005. He seeks pre-arrest bail. Now there is report from the police that final report has already been filed in Court on 14.04.2016. The other accused are on bail. In the above situation, the petitioner will have to approach the trial court, and seek regular bail. Pre-arrest bail cannot be now granted to the petitioner under Section 438 Cr.P.C. This petition is accordingly closed.
Sd/-
P.UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
1 provisions across 1 enactments
VIMALAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
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