In a Section 438 CrPC bail application by an accused in a cheating case involving exam impersonation, the High Court of Kerala declined to grant blanket pre-arrest bail but directed surrender within seven days to facilitate investigation.
Petitioner directed to surrender to IO within 7 days; to apply later for regular bail 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
MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941
BAIL APPL..NO.616 OF 2020
CRIME NO.646/2019 OF OTTAPALAM POLICE STATION , PALAKKAD
PETITIONER/2ND ACCUSED
SHERIF P., AGED 30 YEARS S/O.HAMSAPPA, PERUMBIDI HOUSE, PALLIKURUP P.O., KARAKURUSSI, PALAKKAD.
BY ADV. SRI.T.K.SANDEEP
RESPONDENT/COMPLAINANT/STATE :
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
SRI RON BASTIAN PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.616 OF 2020
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ORDER
This is an application filed under Section 438 of the Code of Criminal Procedure.
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applicant submits that the applicant herein is innocent. According to the learned counsel, the 1st accused was granted an order of pre-arrest bail by this Court by order dated 05.12.2019. He would contend that the applicant is running a Tutorial College and that if he is arrested and detained, it would cause great hardship.
has approached this Court earlier and by Annexure-I order dated 13.11.2019, the application was dismissed as withdrawn. There being no change in circumstances, this application cannot be maintained is the submission.
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granted an order of pre-arrest bail, taking note of the fact that he was abroad during the relevant time and owing to his tender age. Having regard to the facts and circumstances and the nature of allegations, I do not think that it would be proper for this Court to grant a blanket order of pre-arrest bail to the applicant. However, considering the considerable progress achieved by the investigating officer, necessary directions can be issued to the applicant to surrender and cooperate with the investigation.
In the result, the following order is passed.
The applicant shall surrender before the Investigating officer within a period of seven days from today. He shall be thoroughly interrogated and shall later be produced before the learned Magistrate having jurisdiction. If an application for regular bail is preferred, the learned Magistrate shall, taking note of the facts and circumstances and also the grant of pre-arrest bail to the 1st accused, consider the said application and pass appropriate orders on its merits, ideally on the same day itself.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
1 issue framed by the court
Whether to grant a blanket order of pre-arrest bail to an accused caught red-handed in impersonation fraud.
1 provisions across 1 enactments
S. Sheriff P.
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
