This court dismissed an application for pre-arrest bail because the final report was already filed. Citing precedent, the judge held that once the final report is filed, the accused must approach the jurisdictional Session Court for regular bail.
Application for pre-arrest bail dismissed. Petitioner is directed to move the jurisdictional Court for regular bail.
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. 193 OF 2023
CRIME NO.1483/2022 OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CRMC 2575/2022 OF ADDITIONAL
SESSIONS COURT - VII, THIRUVANANTHAPURAM
PETITIONER:
PRABULLA
AGED 35 YEARS
W/O. DILEEP KUMAR, "KOTTUKUNNAM DILEEP BHAVAN",
NELLANAD, THIRUVANANTHAPURAM DISTRICT,
PIN - 695606
BY ADV JOHN K.GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SR PUBLIC PROSECUTOR SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No193 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.
B.A.No193 of 2023
-:3:-
the respondent.
instructions, submitted that the Investigating Officer after investigation has laid the final report before the Court of Session, Thiruvananthapuram on 20.6.2023 and the case has been numbered as S.C No.2549/2023, and the same is pending consideration.
Resultantly, the application is dismissed, without
B.A.No193 of 2023
-:4:-
prejudice to the right of the petitioner to move the jurisdictional Court for regular bail.
SD/-
C.S.DIAS,JUDGE
rmm/9.2.2024
2 issues framed by the court
Whether a bail application on remand can be dismissed when the final report has been filed or if the accused should move the jurisdictional court for regular bail.
The desirability of applying for regular bail from the Session Court once the final report is filed.
Colour shows how this judgement treated each authority
Vineeth Somarajan @ Ambadi v. State of Kerala & Anr.Followed¶27
Vineeth Somarajan @ Ambadi v. State of Kerala & Anr. [2009(3)KHC 471]
1 provisions across 1 enactments
Prabulla
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court