High CourtsSingle Bench

Pookunhi Pallicham vs State Of Kerala

High Court Of Kerala · Decided on 18 January 2024 · Citation: (2024) 01 KL CK 0133

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 406, 418, 420
RESULT
Dismissed
CASE NUMBER
Bail Application No. 43 Of 2024
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 211 words

C.S.Dias, J

The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.

2.

The petitioner is the accused in Crime No.2/2021 of Kavarathi Police Station registered against him for allegedly committing the offences under Sections 406, 418 & 420 of the Indian Penal Code, 1860.

3.

Heard; Sri. E.C. Ahamed Fazil, the learned counsel appearing for the petitioner and Sri.V.S. Ajith Kumar, the learned Standing Counsel appearing for the respondents.

4.

The learned Standing Counsel appearing for the respondents submitted that the investigation in the case is complete and the final report has already been laid before the jurisdictional Court.

5.

In Vineeth Somarajan @ Ambadi v. State of 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.

6.

In the light of the above exposition of law, I am of 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.