The High Court of Kerala rejected a second pre-arrest bail application filed by the petitioner in a cheating case. The Court held that no material change in circumstances existed compared to the earlier dismissed application where interrogation was deemed necessary.
The second bail application was rejected.
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 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
Bail Appl..No. 6624 of 2016
CRIME NO. 402/2016 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
LATHIKA, W/O. RAJENDRAN, AGED 43 YEARS, PUTHENVEEDU, THADATHIL KANNANKARA, PERUMKULAM, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SMT.PRABHA R.MENON SRI.R.MANOJ
RESPONDENT(S)/COMPLAINANT.:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031, (ON BEHALF OF S.I OF POLICE, KADAKKAVOOR POLICE STATION IN CRIME NO. 402/2016).
BY PUBLIC PROSECUTOR SRI.SAJJU.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P. UBAID, J
B.A.No.6624 of 2016
Dated this the 23rd 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 by the police, in connection with Crime No.402/2016 of the Kadakkavoor Police Station, registered under Section 420 IPC. An earlier application made by her as B.A.No.3235/2016 was dismissed by this Court on 20.05.2016, on the finding that her interrogation in custody is absolutely necessary as part of investigation. It is not known why a second application is made by the petitioner for pre-arrest bail. The circumstance and the ground, on which bail was disallowed by this Court earlier, still exists. There has not been any material change in circumstances, and the petitioner does not have any special reason to make a second application. While dismissing the earlier application, this Court had observed that the petitioner could very well approach the learned Magistrate for regular bail after necessary interrogation, and that her request for bail will be appropriately considered.
2
B.A.Nos.6624 of 2016
In the above circumstance, this second application is
rejected.
Sd/-
P.UBAID, JUDGE
sd
// True Copy // P.A. to Judge
2 issues framed by the court
Whether a second pre-arrest bail application should be entertained when the earlier application was dismissed on grounds that still exist.
Whether the petitioner has shown any material change in circumstances necessitating the grant of bail.
Lathika
State of Kerala
P. Ubaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
