The High Court dismissed a bail application filed by an aged accused in a cheating case. The court held that an absconding accused is not entitled to pre-arrest bail. The applicant was directed to surrender within ten days to seek regular bail.
Application dismissed; direction to surrender within ten days and seek regular bail.
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
THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941
BAIL APPL..NO.8612 OF 2019
CRIME NO.166/1996 OF KURAVILANGADU POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED NO.2 :
SABU P.B., AGED 57 YEARS, S/O BALAKRISHNAN, THAYIL VADAKKETHIL VEEDU, MAHADEVIKADU P.O., KARTHIKAPALLY , ALAPPUZHA - 690516.
BY ADVS. SRI.M.RETHEESHKUMAR SRI.LIJIN THAMBAN
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KURUVILANGADU POLICE STATION, KOTTAYM DISTRICT-686633.
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL..NO.8612 OF 2019
2
ORDER
The applicant herein is the accused in C.C.No.237 of 1996 on the file of the Judicial Magistrate of First Class-I, Pala. In the aforesaid case, he is being proceeded against for having committed offence punishable under Section 420 of the IPC. Since he failed to appear before the learned Magistrate, the case was removed to the list of long pending cases and is now pending as L.P.No.189 of 2006 on the files of the learned Magistrate.
1 [2012 (3) KLT 876]
BAIL APPL..NO.8612 OF 2019
3
bail.
This application will stand dismissed.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS //TRUE COPY// P.A.TO JUDGE
2 issues framed by the court
Whether an absconding accused is entitled to an order of pre-arrest bail.
Whether a non-appearance due to non-service of summons excuses the accused from furnishing bail before regular bail is granted.
Colour shows how this judgement treated each authority
Vineeth Somarajan @ Ambady v. State of KeralaReferred¶18
Vineeth Somarajan @ Ambady v. State of Kerala [2009 (3) KHC 471]
Biju v. State of KeralaReferred¶18
Biju v. State of Kerala [2007 (2) KLT 280]
Lavesh v. State (NCT of Delhi)Relied on¶20
Lavesh v. State (NCT of Delhi) [2012 (3) KLT 876]
1 provisions across 1 enactments
Sabu P.B.
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
