The applicant sought pre-arrest bail under Section 438 Cr.P.C. fearing arrest in a long-pending case where he had not appeared. The High Court held that granting bail directly was unjustified and directed the applicant to approach the trial court.
Application dismissed with direction to appear before the trial court and seek bail there.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940
Bail Appl..No. 5465 of 2018
PETITIONER/S:
SENTHIL KUMAR @ ROBIN, AGED 34 YEARS, S/O.SANTIAGO, CHANDRAPURAM P.O.,VALAYAR, PALAKKAD - 678 624.
BY ADVS. SRI.R.T.PRADEEP SRI.K.N.CHATHUKUTTY
RESPONDENT/STATE:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
This application is filed under §438 of the Cr.P.C.
2. Apprehending arrest in a Crime registered at the Peechi
Police Station, the applicant has approached this Court seeking prearrest bail.
Bail Appl..No. 5465 of 2018
2
registered against the applicant herein at the Peechi Police Station. After completion of investigation, final report has been laid before the jurisdictional court. However, as the applicant herein did not appear before the court, the case was removed to the list of long pending cases and is now pending as L.P. No.458 of 2014. In that view of the matter, I
do not think that this Court will justified in granting an order of prearrest bail to the applicant herein.
and orders shall be passed expeditiously and on its merits ideally on the same day itself.
This application will stand dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
DXY
1 issue framed by the court
Whether pre-arrest bail should be granted in an anticipatory bail application where the underlying case is long pending and the applicant has not appeared before the trial court.
1 provisions across 1 enactments
Senthil Kumar @ Robin
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
