Dismissed

Rajesh Alias Ethakka Rajesh v. State of Kerala

Kerala HC30 Jun 2016Bail Appl./3918/2016

Case brief

AI extract

What is this about?

On a bail application seeking pre-arrest bail under Section 438 Cr.P.C., the court refused to grant bail to the petitioner, who had absconded and faced a warrant of arrest. The court directed him to surrender and apply for regular bail at the appropriate court.

What did the court decide?

Liberty to surrender before the appropriate court and apply for regular bail; this application is disposed of.

Rajesh Alias Ethakka Rajesh Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938

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Bail Appl..No. 3918 of 2016

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CRIME NO. 1260/2010 OF CHAVARA POLICE STATION, KOLLAM

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PETITIONER/ACCUSED NO.13:

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RAJESH ALIAS ETHAKKA RAJESH, AGED 22 YEARS, S/O. RAJU, RATHISH BHAVANAM, CHERUSSERY BHAGOM MURI, CHAVARA P.O., CHAVARA VILLAGE, KOLLAM DISTRICT.

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BY ADVS.SMT.S.SINDHU

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SRI.S.SHARAN SRI.RAJEEV RAJADHANI

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RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-680031.

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2. SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT-691583.

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P. UBAID, J.

B.A.No.3918 of 2016

Dated this the 30^th day of June, 2016

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O R D E R

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The petitioner herein is the 13^th accused in Crime No.1259/2010 of the Chavara Police Station. The case against the others except the accused Nos.9 and 13 was committed to the Court of Session promptly. The case against this petitioner was split up at the committal stage itself, when he absconded from legal process, and after compliance of the required formalities the case against him was transferred to the register of long pending cases as L.P.No.14/2013. Now, there is warrant of arrest against him. He seeks pre-arrest bail under Section 438 Cr.P.C. In the given circumstance, I am not inclined to grant him bail under Section 438 Cr.P.C. He will have to surrender before appropriate court and apply for regular bail. Warrant of arrest happened to be issued against him when he consistently remained absent. Let the request for bail be considered by appropriate court. This Court is not inclined to intrude into the process at this stage. Hence, giving liberty to the petitioner to

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B.A.No.3918 of 2016

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surrender before appropriate court and make application for

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regular bail, this application is disposed of.

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In case application for bail is filed on surrender, the same

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shall be judiciously considered and decided by the court below on the same day.

Sd/-

P. UBAID, JUDGE

// True Copy //

P.A. to Judge

Rajesh Alias Ethakka Rajesh v. State of Kerala

Case brief

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Rajesh Alias Ethakka Rajesh v. State of Kerala

Case brief

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What did the court decide?

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