Roopesh Krishna vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 30, 2024

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Citation: sooperkanoon.com/1287231
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jan 30, 2024
Case Number: Bail Appl./544/2024
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Roopesh Krishna

Respondent

State of Kerala

Excerpt

.....kasaba beach, kasargod p.o, kasaragod, pin - 671121 by advs. c.bhaskaran arjun c bhaskar vishnu c. bhaskar respondent/state: state of kerala represented by public prosecutor,high court of kerala, pin - other present: sr pp smt seetha s this bail application having come up for admission on 30.01.2024, the court on the same day delivered the following:o r d e rthe application is filed under section 438 of the code of criminal procedure, 1973, for an order of pre-arrest bail.2. the petitioner is an accused in a complaint that isfiled against him for allegedly committing the offence punishable under section 138 of the negotiable instruments act, pending before the judicial first class magistrate court -i, kasaragod.3. it is submitted that since the petitioner had gone toabroad, he could not contest the proceedings. now, the case has been numbered as l.p. 23/2007. the court below has now issued a non-bailable warrant against the petitioner. hence, the application.4. heard; sri.c. bhaskaran, the learned counsel appearing for the petitioner and smt.seetha s., the learned public prosecutor.5. on an appreciation of the materials placed on record, undoubtedly the offence alleged against thepetitioner is under section 138 of the n.i.act. the said offence is bailable as per the provisions of the n.i.act. therefore, it is upto the petitioner to approach the court below and seek for regular bail and for recalling the warrant of arrest issued against him. it is rudimentary the powers under section 438 of the code can only be exercised if the applicant is apprehending arrest in a non-bailable offence. therefore, the application is not maintainable.in the result, the bail application is dismissed without prejudice to the right of the petitioner to approach the court below and seek for bail as contemplated under law. sd/- c.s.dias judge shg

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 BAIL APPL. NO. 544 OF 2024 AGAINST THE ORDER/JUDGMENT LPC 23/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KASARAGOD PETITIONER/ACCUSED: ROOPESH KRISHNA AGED 50 YEARS S/O K KRISHNAN, KRIPAGEEDAM, KASABA BEACH, KASARGOD P.O, KASARAGOD, PIN - 671121 BY ADVS. C.BHASKARAN ARJUN C BHASKAR VISHNU C. BHASKAR RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - OTHER PRESENT: SR PP SMT SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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.

2. The petitioner is an accused in a complaint that is

filed against him for allegedly committing the offence punishable under Section 138 of the Negotiable Instruments Act, pending before the Judicial First Class Magistrate Court -I, Kasaragod.

3. It is submitted that since the petitioner had gone to

abroad, he could not contest the proceedings. Now, the case has been numbered as L.P. 23/2007. The court below has now issued a non-bailable warrant against the petitioner. Hence, the application.

4. Heard; Sri.C. Bhaskaran, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor.

5. On an appreciation of the materials placed on record, undoubtedly the offence alleged against the

petitioner is under Section 138 of the N.I.Act. The said offence is bailable as per the provisions of the N.I.Act. Therefore, it is upto the petitioner to approach the court below and seek for regular bail and for recalling the warrant of arrest issued against him. It is rudimentary the powers under Section 438 of the Code can only be exercised if the applicant is apprehending arrest in a non-bailable offence. Therefore, the application is not maintainable.

In the result, the bail application is dismissed without prejudice to the right of the petitioner to approach the court below and seek for bail as contemplated under law. Sd/- C.S.DIAS JUDGE shg

Same Court & Year Kerala · 2024 Same Parties Roopesh Krishna vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice C.S.Dias