E K Rajan v. State of Kerala
Case brief
What is this about?
On a pre-arrest bail application under Section 438 Cr.P.C. in a cheating case, the Hon'ble Court directed the petitioner to surrender within ten days for interrogation deeming it necessary to complete the investigation before considering bail.
What did the court decide?
Director petitioner to surrender for interrogation within ten days; bail to be considered by Magistrate thereafter.
What the court decided
A compact analysis
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 22ND DAY OF JULY 2016/31ST ASHADHA, 1938
Bail Appl..No. 3925 of 2016
CRIME NO. 131/2016 OF KANNUR CITY POLICE STATION , KANNUR
PETITIONER(S)/1ST ACCUSED:
E K RAJAN, AGED 59 YEARS LIEUTENANT COLONEL (RETD.), S/O.SANKARAN, NOW RESIDING AT SAHI NIVAS, POOZHIYIL ROAD, WEST HILL, CHUNGAM KOZHIKODE.
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Issues for consideration
2 issues framed by the court
Whether pre-arrest bail under Section 438 Cr.P.C. should be granted without requiring the accused to undergo interrogation by the investigating officer.
Whether the petitioner should surrender and undergo interrogation before bail can be considered by the learned Magistrate.
Parties & counsel
- petitioner
E K RAJAN
- respondent
STATE OF KERALA
Coram
P.UBAID
Case details
As recorded by the court registry
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