Abhilash vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 01, 2024

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https://sooperkanoon.com/case/1287559

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Citation: sooperkanoon.com/1287559
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Feb 01, 2024
Case Number: Bail Appl./590/2024
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Abhilash

Respondent

State of Kerala

Excerpt

.....day of february, 2024orderthe 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.1075/2012of the town west police station, thrissur, registered against him for allegedly committing the offences under sections 406, 420 read with sec.34 of the indian penal code, 1860.3. heard; sri. c.a chacko, the learned counsel appearing for the petitioner and sri.c.s hrithwik, the learned public prosecutor.4. the learned public prosecutor, on instructions, submitted that the police after investigation have already laid the final report in the above crime. the case is now pendingconsideration before the court of the chief judicial magistrate, thrissur, as lp no.48/2014. in view of the said fact, the bail application is not maintainable.5. in vineeth somarajan @ ambadi v. state ofkerala & 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. sd/- sks/1.2.2024 c.s.dias,judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 BAIL APPL. NO. 590 OF 2024 CRIME NO.1075/2012 OF Town West Police Station, Thrissur PETITIONER/S: ABHILASH AGED 45 YEARS S/O.ASHOKAN, PUTHIYEDATH HOUSE, VADAKKUMMURI.P.O., THRISSUR DISTRICT, PIN - 680570 BY ADVS. C.A.CHACKO C.M.CHARISMA RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SRI.C.S HRITHWIK, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.S.DIAS,J ====================== ----------------------------------- Dated this the 1st day of February, 2024

ORDER

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.1075/2012

of the Town West Police Station, Thrissur, registered against him for allegedly committing the offences under Sections 406, 420 read with Sec.34 of the Indian Penal Code, 1860.

3. Heard; Sri. C.A Chacko, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor.

4. The learned Public Prosecutor, on instructions, submitted that the Police after investigation have already laid the final report in the above crime. The case is now pending

consideration before the Court of the Chief Judicial Magistrate, Thrissur, as LP No.48/2014. In view of the said fact, the bail application is not maintainable.

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. sd/- sks/1.2.2024 C.S.DIAS,JUDGE

Same Court & Year Kerala · 2024 Same Parties Abhilash vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice C.S.Dias