The Kerala High Court dismissed an anticipatory bail application, relying on precedent that filing a final police report makes the accused liable to apply for regular bail before the jurisdictional court.
Bail application dismissed; petitioner reserved right to move 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
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
BAIL APPL. NO. 283 OF 2023
CRIME NO.536/2022 OF KOTTIYAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED NUMBER NOT KNOWN:
RAHUL KRISHNAN AGED 30 YEARS S/O RADHAKRISHNA PILLAI, KARIKKINKANDATHIL VEEDU, PATTOM, CHADAYAMANGALAM, KOLLAM DISTRICT,, PIN - 691534
BY ADV S.R.SREEJITH
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.283 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.283 OF 2023
3
is always desirable for the accused to move the jurisdictional Court and apply for regular bail.
the view that, this bail application is only to be dismissed, by reserving the right of the petitioner to move the jurisdictional Court.
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 a pre-arrest bail application under Section 438 CrPC is maintainable after the charge sheet is filed.
Colour shows how this judgement treated each authority
Vineeth Somarajan @ Ambadi v. State of Kerala & Anr.Relied on¶22
Vineeth Somarajan @ Ambadi v. State of Kerala & Anr. [2009(3)KHC 471]
2 provisions across 2 enactments
Rahul Krishnan
State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
