The High Court of Kerala, Ernakulam rejected pre-arrest bail applications filed by Abdul Najeep in connection with offences under Section 420 IPC. The court held no compelling reasons existed for bail when the final report had been laid.
Pre-arrest bail was denied; applicant directed to seek regular bail with advance notice to the Public Prosecutor.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940 Bail Appl..No. 1633 of 2018
CRIME NO. 291/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
ABDUL NAJEEB, AGED 42 YEARS, S/O. USUF, KAPOOR HOUSE, TALEKODE P.O, MALAPPURAM - 679 341.
BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.
SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1704/2018, Bail Appl..1672/2018, Bail Appl..1637/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.1633, 1637, 1672 & 1704/18
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940
Bail Appl..No. 1637 of 2018
CRIME NO. 289/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
ABDUL NAJEEB, AGED 42 YEARS, S/O. USUF, KAPOOR HOUSE, TALEKODE P.O., MALAPPURAM -679341.
BY ADV. SRI.SALIM V.S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1704/2018, Bail Appl..1672/2018, Bail Appl..1633/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.1633, 1637, 1672 & 1704/18
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940
Bail Appl..No. 1672 of 2018
CRIME NO. 290/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
ABDUL NAJEEB, AGED 42 YEARS, S/O. USUF, KAPOOR HOUSE, TALEKODE P.O, MALAPPURAM - 679 341.
BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.
SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1704/2018, Bail Appl..1637/2018 AND Bail Appl..1633/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.1633, 1637, 1672 & 1704/18
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940
Bail Appl..No. 1704 of 2018
CRIME NO. 292/2017 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
ABDUL NAJEEB, AGED 42 YEARS, S/O.USUF, KAPOOR HOUSE, THALEKODE P.O., MALAPPURAM-679341.
BY ADVS. SRI.SALIM V.S. SRI.H.NUJUMUDEEN
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2018, ALONG WITH Bail Appl..1672/2018, Bail Appl..1637/2018 AND Bail Appl..1633/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.1633, 1637, 1672 & 1704/18
5
ORDER
These applications are filed under §438 of the Cr.P.C.
B.As.1633, 1637, 1672 & 1704/18
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final report has been laid before the jurisdictional court.
merits.
These applications are dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
DSV/16/10/18
//True Copy// P.A.To Judge
2 issues framed by the court
Whether pre-arrest bail should be granted where an FIR relates to cheating under Section 420 IPC and a final report has been laid.
Whether there is any compelling reason to grant pre-arrest bail before the chargesheet is filed.
Abdul Najeep
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
