Pre-arrest bail application under Section 438 CrPC for the accused in a cheating case. As the Investigating Officer had already filed the final report before the jurisdictional court, following Vineeth Somarajan v. State of Kerala, the court dismissed the application while reserving the applicant's right to seek regular bail there.
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
WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945
BAIL APPL. NO. 1593 OF 2023
CRIME NO.1601/2022 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.1:
SREEJITH NAIR AGED 47 YEARS S/O VELAYUDHAN NAIR, PULIKKOTTIL KANAKALAYAM, AMBALAVATTOM,EDARIKKODU,TENNALA, MALAPPURAM, KERALA, PIN - 676508
BY ADVS. M.R.SASITH R.K.CHIRUTHA NEELANJANA NAIR RAJITHA V.K BHAVANA K.K
RESPONDENT/STATE/DEFACTO COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR PP SMT NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.1593 OF 2023
2
O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
BAIL APPL. NO.1593 OF 2023
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categorically held that, once the final report has been filed, it is always desirable for the accused to move the jurisdictional Court and apply for regular bail.
Resultantly, the application is dismissed, without prejudice to the right of the petitioner to move the jurisdictional Court for regular bail.
Sd/-
C.S.DIAS
JUDGE
shg
1 issue framed by the court
Whether the petitioner can be granted pre-arrest bail given that the final report has already been filed before the jurisdictional court.
Colour shows how this judgement treated each authority
Vineeth Somarajan @ Ambadi v. State of Kerala & Anr.Relied on¶5
[2009(3)KHC 471]
3 provisions across 2 enactments
SREEJITH NAIR
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
C.S.DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
