The High Court of Kerala disposed of a pre-arrest bail application under Section 438 Cr.P.C. The judge rejected the application but directed the applicant to surrender within ten days for investigation.
Application dismissed; directives issued to surrender within ten days for interrogation and subsequent production before Magistrate.
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
FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941
Bail Appl..No.6800 OF 2019
CRIME NO.32/2019 OF CHALAKKUDY POLICE STATION, THRISSUR DISTRICT
PETITIONER/ACCUSED:
HANEESHA NOUFAL, AGED 35 YEARS W/O.K.B.NOUFAL, KATTIPARAMBIL HOUSE, POTTA, CHALAKKUDI, THRISSUR DISTRICT
BY ADVS. SRI.P.T.SHEEJISH SMT.K.K.NESNA
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031
BY SR. PUBLIC PROSECUTOR SRI. B. JAYASURYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6800 OF 2019
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ORDER
This application is filed under Section 438 of the Cr.P.C.
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complying with all the formalities and if that be the case, she could not have carried out the alleged misappropriation.
materials made available. On going through the case records, I am unable to accede to the submission of the learned counsel that the applicant has been falsely implicated in the instant case. There are some materials in the case diary which points to her involvement. At the same time, it appears that the applicant was questioned by the investigating officer on previous occasions. In that view of the matter, I am of the view that while rejecting the application for pre-arrest bail, necessary directions can be issued to her to surrender before the investigating officer and co-operate with the investigation.
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regular bail is preferred, the same shall be considered and orders shall be
passed expeditiously and on its merits, ideally on the same day itself.
This application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
1 issue framed by the court
Whether the applicant should be granted pre-arrest bail in a case alleging misappropriation of stocks and manipulated accounts.
1 provisions across 1 enactments
HANEESHA NOUFAL
STATE OF KERALA
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
