The High Court at Ernakulam disposed of a second pre-arrest bail application. The court held the request should not have been entertained due to lack of compliance with prior directions to surrender. An extension for surrender was granted.
Extension of time granted for surrender before Investigating Officer till 28.10.2016.
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 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938
Bail Appl..No. 6718 of 2016
CRIME NO. 2045/2016 OF MOOVATTUPUZHA POLICE STATION, ERNAKULAM
PETITIONER(S)/FIRST ACCUSED:
TONY @ ANTONY, AGED 54 YEARS, S/O VARGHESE, VALLIVATTATHUKARAN HOUSE, HOUSE NO 42, ATHIKAVIL RESIDENCE, SANTHINAGAR, IRINJALAKUDA, MUKUNDAPURAM TALUK, THRISSUR - 680 001.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO
RESPONDENT(S)/STATE OF KERALA,: -------------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MOOVATTUPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. UNNIKRISHNAN, S/O.KUNJAN, AGED 44 YEARS, ACHAKOTTIL HOUSE, PANDAPPILLY P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT.
*** ADDL. R2 IMPLEADED AS PER ORDER DTD.20.10.2016 IN CRL.MA.9831/2016.**
R1 BY PUBLIC PROSECUTOR SRI.K.A.ANAS R2 BY ADV. SRI.RASHEED C.NOORANAD
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
P.UBAID, J.
ORDER
The petitioner herein seeks pre-arrest bail for the
second time under Section 438 of Cr.P.C. on the apprehension of arrest as accused in Crime No. 2045 of 2016 of Moovattupuzha Police Station. His first application was disposed of by this Court on 25.8.2016 with a direction to surrender before the Investigating Officer for necessary interrogation. The court below was also directed to consider the request for regular bail appropriately and judiciously. The petitioner has not so far surrendered as directed. Instead, he made this second application for pre-arrest bail. Such a request cannot be entertained. He does have any special reason or circumstance for making such a request for the second time. It is made clear that he will have to surrender as directed by the court. The time granted by the court has already expired. In the interests of justice, he can
B.A.No. 6718 of 2016
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be granted a few more days to surrender.
Accordingly, this application is disposed of, granting time till 28.10.2016 to surrender before the Investigating Officer. The other directions in the first order
shall be complied with in case of surrender.
Sd/- P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether a second application for pre-arrest bail under Section 438 Cr.P.C. should be entertained without compliance of prior direction to surrender.
Whether the petitioner justifies a second bail application given he failed to surrender after the first order.
TONY @ ANTONY
STATE OF KERALA
UNNIKRISHNAN
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
