The Kerala High Court refused pre-arrest bail under Section 438 CrPC in a cheating and forgery case involving a motor vehicle, directing the accused to surrender for interrogation and seek regular bail before the Magistrate instead.
Petitioner directed to surrender for interrogation and seek regular bail before the Magistrate; pre-arrest bail refused.
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 22ND DAY OF SEPTEMBER 2016/31ST BHADRA, 1938
Bail Appl..No. 5564 of 2016
CRIME NO. 2425/2016 OF PERUMBAVOOR POLICE STATION , ERNAKULAM
PETITIONER(S)/ACCUSED NO.1:
BIJOY, AGED 47 YEARS, S/O. P.DAVID, PARAMBATHIL HOUSE, ALLAPRA P.O., ERNAKULAM.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, THROUGH SUB INSPECTOR OF POLICE, PERUMBAVOOR, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P. UBAID, J
B.A.No.5564 of 2016
Dated this the 22nd day of September, 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 in connection with Crime No.2425/2016 of the Perumbavoor Police Station, registered under Sections 420, 468 and 471 IPC read with 34 IPC. He is the 1st accused in the crime.
2
B.A.No.5564 of 2016
way and the circumstance in which he allegedly purchased the complainant's vehicle from the 3rd accused, the nature of the forgery alleged, the benefit derived by him and the others, the exact role and complicity of the others in the alleged transaction, etc., is felt necessary. After such interrogation, the request for regular bail can be considered by the learned Magistrate.
In the result, this petition is disposed of as follows:
a) The petitioner shall surrender before the investigating officer, between 9 am and 10 am on any
day within seven days from this date for necessary interrogation.
b) After interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction, before 4 pm on the same day.
c) In case application for regular bail is filed, the same shall be judiciously considered and decided by the learned Magistrate on the same day.
Sd/P.UBAID, JUDGE
sd
// True Copy //
P.A. to Judge
2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted to the accused in a cheating and forgery case involving a motor vehicle.
Whether the accused requires interrogation to clarify the nature of the alleged transaction and complicity before granting bail.
1 provisions across 1 enactments
BIJOY
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
