Pre-arrest bail application dismissed. Court held that nature of allegations, criminal antecedents, and ongoing investigation made it unsuitable for granting bail under Section 438 CrPC.
Application for pre-arrest bail under Section 438 CrPC dismissed.
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.
Bail Appl..No.371 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941
Bail Appl..No.371 OF 2020
CRIME NO.2276/2019 OF Vaikom Police Station , Kottayam
PETITIONER/3rd ACCUSED :
AGRESH V. SURESH, AGED 23 YEARS S/O. SURESH KUMAR, VADAVANATH KIZHAKKEDATHU, THALAYAZHAM P.O., VAIKOM-686607, KOTTAYAM.
BY ADV. SRI.M.R.SARIN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
2 THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, TRIVANDRUM, REPRESENTED BY THE PUBLIC PROSECUTOR.
OTHER PRESENT:
BY GOVT. PLEADER SRI. C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.371 OF 2020
2
ORDER
Application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.
Bail Appl..No.371 OF 2020
3
also involved in some other cases. It is also submitted that the investigation of the case is only in progress.
Considering the nature of accusations levelled against this petitioner, his criminal antecedents and all the other facts and circumstances involved in this case, I do not think that this is a
fit case in which pre arrest bail can be granted to the petitioner.
Hence, dismissed.
SD/-
SHIRCY V.
JUDGE
smm
1 issue framed by the court
Whether pre-arrest bail under Section 438 CrPC can be granted to the petitioner in light of serious allegations, criminal antecedents, and ongoing investigation.
2 provisions across 2 enactments
Agresh V. Suresh
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
