This bail application under Section 438 Cr.P.C. was dismissed. The Court rejected the plea for pre-arrest bail in a cheating and criminal conspiracy case where the accused's alleged sale of a hypothecated vehicle remains untraced.
Application for pre-arrest bail dismissed; applicant directed to cooperate with investigation.
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
MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941
Bail Appl..No.4979 OF 2019
CRIME NO.791/2019 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM
PETITIONER/S:
JITHINRAJ.V.J, AGED 30 YEARS
S/O. VISWAMBARAN NAIR, KUNNUMPURATHU VEEDU, KUDAVUR P.O, THONNAKKAL, MEL THONNAKKAL VILLAGE, ATTINGAL, THIRUVANANTHAPURAM, PIN 695 108
BY ADV. SMT.S.SIKKY
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031
3 ADDL.R3 IRSHAD 32 YEARS, S/O NASIMUDDIN, DARUL IRSHAD, ALIYADU PO, MUDAKKAL VILLAGE, PALODU, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN-695607.
IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 18.7.2019 IN CRL.MA NO.1/2019.
FOR R1 & R2 SRI.RAMESH CHAND, PUBLIC PROSECUTOR R3 BY ADV. SRI.BIJITH S.KHAN ADV. SRI.N.ANAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4979 OF 2019
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ORDER
This application is filed under Section 438 of the Cr.P.C.
the Attingal Police Station, registered on 24.4.2019 under Sections 506, 420 r/w. Section 34 of IPC.
Bail Appl..No.4979 OF 2019
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the allegations levelled against the applicant are absolutely incorrect. She would point out that the vehicle was allegedly handed over on 03.04.2018, but the complaint was lodged only in the month of April, 2019. The long delay of one year in setting the law in motion would render the version of the de facto complainant suspect, contends the counsel. She would further contend that the applicant herein was summoned by the Station House Officer, Attingal Police Station in an entirely different matter and he was forced to hand over several cheques to one Shefeen. It is submitted that if the applicant is arrested and detained he would be subjected to gross ignominy and prays for issuance of appropriate orders.
Bail Appl..No.4979 OF 2019
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the financial institution has initiated proceedings against the additional third respondent for realising a sum of about Rs. 5 lakhs and the same is pending. He would contend that till date, the police have not been able to find out the vehicle which was stolen from his possession by the applicant and other accused.
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from today. He shall be thoroughly interrogated and later shall be produced before the court having jurisdiction. On such production, if the applicant
moves an application for bail, the same shall be considered and an order shall
be passed on merits on the same day itself.
This application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
pkk
2 issues framed by the court
Whether pre-arrest bail under Section 438 Cr.P.C. should be granted to the first accused in a cheating case involving sale of a hypothecated vehicle.
Whether the delay in setting the law in motion affects the grant of pre-arrest bail given the vehicle remains untraced.
4 provisions across 2 enactments
Jithinraj.V.J
State of Kerala
Station House Officer, Attingal
Irshad
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
