Anticipatory bail application by the 9th accused in a cheating case alleging forged documents to obtain money promising loans and nursing college admissions. The petitioner failed to comply with interim orders directing him to appear for interrogation; the court declined to exercise Section 438 CrPC discretion and dismissed the application.
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 C.S.DIAS
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
BAIL APPL. NO. 1106 OF 2024
CRIME NO.0399/2023 OF Thankamani Police Station, Idukki
PETITIONER/S:
GOWRISANKAR G. AGED 24 YEARS S/O GOPAKUMAR, SEENA NIVAS, ARUNOOTTIMANGALAM P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690110
BY ADV A.SANIL KUMAR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1106 OF 2024
2
O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of prearrest bail.
3
BAIL APPL. NO. 1106 OF 2024
through the account of the Trust, promising admission for their children in the Karnataka College of Nursing. However, the accused did not arrange the loan, admissions or return the money. Thus, the accused have committed the above offences.
On an anxious consideration of the facts, the rival submissions made across the Bar and the materials
4
BAIL APPL. NO. 1106 OF 2024
placed on record, especially on comprehending the economic offences alleged against the petitioner and that the petitioner has failed to comply with the orders dated 13.03.2024 and 27.03.2024 passed by this Court, I do not find any convincing ground to exercise the discretionary powers of this Court under Section 438 of the Code of the Criminal Procedure in favour of the petitioner.
Resultantly, the bail application is dismissed.
Sd/-
C.S.DIAS, JUDGE
rkc/05.04.24
BAIL APPL. NO. 1106 OF 2024
5
APPENDIX OF BAIL APPL. 1106/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.399/2023 OF THE THANKAMANI POLICE STATION DATED 16/06/2023
1 issue framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted to the 9th accused in a cheating and forgery case who failed to comply with interim directions to appear for interrogation.
2 provisions across 2 enactments
GOWRISANKAR G.
STATE OF KERALA
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
