Anticipatory bail application under Section 438 CrPC in a cheating and criminal breach of trust case. The Public Prosecutor reported that investigation concluded with a refer report filed on 27.12.2022; the court recorded this and dismissed the application as infructuous.
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 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945 BAIL APPL. NO. 171 OF 2023
CRIME NO.721/2022 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM
PETITIONERS/ACCSUED 1 TO 3:
1HASEEN P.P
AGED 34 YEARS
S/O ALI HASSAN P.P, PALAKKOTTUPARAMBIL,
KODIYATHUR P.O. KODIYATHUR, KOZHIKODE (DIST.),
PIN - 673602
2ALI HASSAN P.P
AGED 65 YEARS
S/O PALANGATTUPARAMNIL KUNNATH KADIRI,
PALAKKOTTUPARAMBIL, KODIYATHUR P.O. KODIYATHUR,
KOZHIKODE (DIST.), PIN - 673602
3REZMI K.T
AGED 34 YEARS
W/O HASEEN P.P , PALAKKOTTUPARAMBIL, KODIYATHUR
P.O. KODIYATHUR, KOZHIKODE (DIST.), PIN - 673602
BY ADVS.
ANIL K.MUHAMED
B.S.SURAJ KRISHNA
KRISHNAKUMAR G.
AJIN SALAM
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
PUBLIC PROSECUTOR SMT SHYNI V O
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No171 of 2023
-:2:-
Dated this the 9th day of February,2024
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.
counsel appearing for the petitioners and Smt. Shyni V.O, the learned Public Prosecutor appearing for the respondent.
instructions, submitted that the Investigating Officer
after investigation has laid the refer report on
B.A.No171 of 2023
-:3:-
27.12.2022 before the jurisdictional court. The said submission is recorded.
In the light of the above submission, the bail application is dismissed as infructuous.
Sd/-
C.S.DIAS,JUDGE
rmm/9.2.2024
1 issue framed by the court
Whether pre-arrest bail should be granted to the accused in Crime No.721/2022.
2 provisions across 2 enactments
Haseen P.P
Ali Hassan P.P
Rezmi K.T
State of Kerala
C.S.Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court