Anticipatory bail sought for apprehended arrest in a Section 308 IPC case; final report already filed and case pending before Magistrate. Following Vineeth Somarajan, court dismissed the application reserving liberty to seek regular bail.
Application dismissed with liberty reserved to move the jurisdictional Court for regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
BAIL APPL. NO. 1856 OF 2023
CRIME NO.1079/2022 OF RAJAKKAD POLICE STATION, IDUKKI
PETITIONER/S:
JOY C.D. AGED 47 YEARS S/O DEVASSYKUTTY, CHIRAKKAL HOUSE, NELLIKKADU KARA, POTTANKADU PO, UDUMPANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685565
BY ADVS. ARUN MATHEW VADAKKAN PADAYATTEE YELDO
RESPONDENTS/COMPLAINANT:
2 STATION HOUSE OFFICER, RAJAKKADU POLICE STATION, IDUKKI DISTRICT, PIN - 685566
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SR PP NEEMA T V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.1856 OF 2023
2
O R D E R
The application is filed under Section 438 of the Code of Criminal Procedure, 1973 (in short, ‘Code’), for an order of pre-arrest bail.
BAIL APPL. NO.1856 OF 2023
3
Kerala & Anr. [2009(3)KHC 471], this Court has 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 pre-arrest bail under Section 438 CrPC should be granted where the final report has already been filed in the case.
Colour shows how this judgement treated each authority
Vineeth Somarajan @ Ambadi v. State of Kerala & Anr.Relied on¶5
[2009(3)KHC 471]
2 provisions across 2 enactments
Joy C.D.
State of Kerala represented by Public Prosecutor
Station House Officer, Rajakkadu Police Station, Idukki District
C.S.Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
