This is an application for pre-arrest bail (anticipatory bail) under Section 438 CrPC. The High Court held it was not a fit case for bail as it would affect investigation, but directed surrender within seven days, after which bail may be considered on merits.
Anticipatory bail denied; surrender within seven days directs for bail consideration on merits.
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 MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
BAIL APPL. NO. 2891 OF 2023
CRIME NO.618/2022 OF KASABA POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT CRMC 196/2023 OF DISTRICT COURT & SESSIONS COURT,KOZHIKODE
PETITIONER/ACCUSED No.6:
SAJITHA AGED 49 YEARS, W/O. SOMASUNDARAN, THEDIYAMMAL HOUSE, ELATHOOR, KOZHIKODE DISTRICT, PIN – 673303
BY ADV K.RAKESH
RESPONDENTS/STATE/COMPLAINANT:
SRI. P.G. MANU (MAMMALASSERY), SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.2891/2023
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MOHAMMED NIAS C.P., J.
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B.A.No. 2891/2023
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Dated this the 8th day of November, 2023
O R D E R
This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.
KSFE and to avail a loan of Rs.3 lakhs, he produced forged title documents of the 5 th accused and upon suspicion when the 3 rd respondent forwarded the documents to the Village Office, Balussery, the truth had come out and consequently the above crime was also registered.
B.A.No.2891/2023
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similar antecedents reported against the petitioner, I do not think this is a fit case for granting anticipatory bail as it will affect a proper investigation. Therefore, the following directions are issued:-
In the event the petitioner surrenders before the Investigating Officer in seven days, she shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
Subject to the above, this application is dismissed.
Sd/-
MOHAMMED NIAS C.P. JUDGE
APA
3 issues framed by the court
Whether the applicant is a fit case for granting anticipatory bail given the allegations of forging documents to obtain a loan.
Whether the order affects a proper investigation in the pending trial.
What conditions must be satisfied for the applicant to obtain bail.
1 provisions across 1 enactments
SAJITHA
STATE OF KERALA
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
