The High Court of Kerala dismissed a pre-arrest bail application under Section 438 CrPC because the interim stay period ordered previously had lapsed without the petitioner approaching the jurisdictional court.
The bail application was dismissed after the lapse of the interim stay period ordered earlier.
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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
BAIL APPL. NO. 2537 OF 2024
CRIME NO.58/2024 OF CYBER CRIME POLICE STATION, VIJAYAVADA CITY, KRISHNA DISTRICT, ANDHRA PRADESH.
PETITIONER/S:
SAJITHA I, AGED 40 YEARS PRASANTH BHAVAN, DHAVALAKKUZH, MAYYANAD P.O KOLLAM, PIN - 691303
BY ADVS. G.RANJU MOHAN M.SANTHI (K/868/2011) PYARIN B. KURUVITHADAM THEERTHA NAIR A.P. SREEHARI M.B.
RESPONDENT/S:
1 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 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
BAIL APPL. NO. 2537 OF 2024
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.
3
BAIL APPL. NO. 2537 OF 2024
Resultantly, the bail application is dismissed without prejudice to the right of the petitioner to work out her remedies in accordance with law.
Sd/-
C.S.DIAS, JUDGE
Rkc/21.05.2024
BAIL APPL. NO. 2537 OF 2024
4
APPENDIX OF BAIL APPL. 2537/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF NOTICE U/S41 A CRPC DATED 05-03-2024
1 issue framed by the court
Whether a pre-arrest bail application can be dismissed after the interim stay period lapses without prejudice to future remedies.
Colour shows how this judgement treated each authority
Priya Indoria vs. the State of KarnatakaFollowed¶23
Priya Indoria vs. the State of Karnataka [2023 KHC Online 6997]
1 provisions across 1 enactments
Sajitha I
State of Kerala
Cyber Crime Police Station, Vijayawada City
Kottiyam Police Station
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
