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Rajeev Chandran vs State of Kerala

Rajeev Chandran vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 25, 2024
~2 min read
https://sooperkanoon.com/case/1316870

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./2209/2024

Parties & Advocates

Appellant / Petitioner

Rajeev Chandran

Respondent

State of Kerala

Excerpt

.....- 682031 2 the sub inspector crime branch , kochi city, office of the asst. commissioner of police , district crime branch ( c- branch) kochi, pin - 682011 other present: sr pp sri c s hrithwik this bail application having come up for admission on 25.03.2024, the court on the same day delivered the following:orderthe application is filed under section 438 of the code of criminal procedure, 1973, for an order of pre- arrest bail.2. the petitioner apprehends arrest by theernakulam town south police station in crime no.2643/2023 for allegedly committing the offences punishable under sections 408 and 420 of the indian penal code ('ipc', in short).3. heard; sri.john joseph, 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 petitioner is the 2nd accused in the above crime, which has now been transferred to thecrime branch. the matter is under investigation. therefore, the allegation in the bail application that the petitioner is not an accused is incorrect. the said submission is recorded.5. on a reading of the bail application none of thedetails pertaining to the incident, crime number or the offences have been mentioned. the bail application is vague and lacks the requisite details, particularly the accusations levelled against the petitioner. therefore, in view of the conspicuous absence of the elementary details, i hold that the application is not sustainable, and the petitioner is to be directed to file a fresh application after incorporating all the requisite details.in the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application after incorporating his rank, crime number, the offences and also the specific accusations levelled against him. sd/- c.s.dias judge rkc/25.03.24

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 CRIME NO.2643/2023 OF Ernakulam South Police Station, Ernakulam PETITIONER/S: RAJEEV CHANDRAN AGED 40 YEARS S/O CHANDRAN ,NELLIYAMPADOM HOUSE, CHERUKANNAMBRA,PARUVASSERY P.O., VADAKKENCHERY VILLAGE ,ALATHUR TALUK, PALAKAD DISTRICT, PIN - 678686 BY ADV JOHN JOSEPH(ROY) RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR CRIME BRANCH , KOCHI CITY, OFFICE OF THE ASST. COMMISSIONER OF POLICE , DISTRICT CRIME BRANCH ( C- BRANCH) KOCHI, PIN - 682011 OTHER PRESENT: SR PP SRI C S HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 apprehends arrest by the

Ernakulam Town South Police Station in Crime No.2643/2023 for allegedly committing the offences punishable under Sections 408 and 420 of the Indian Penal Code ('IPC', in short).

3. Heard; Sri.John Joseph, 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 petitioner is the 2nd accused in the above crime, which has now been transferred to the

Crime Branch. The matter is under investigation. Therefore, the allegation in the bail application that the petitioner is not an accused is incorrect. The said submission is recorded.

5. On a reading of the bail application none of the

details pertaining to the incident, crime number or the offences have been mentioned. The bail application is vague and lacks the requisite details, particularly the accusations levelled against the petitioner. Therefore, in view of the conspicuous absence of the elementary details, I hold that the application is not sustainable, and the petitioner is to be directed to file a fresh application after incorporating all the requisite details.

In the result, the bail application is dismissed, without prejudice to the right of the petitioner to file a fresh bail application after incorporating his rank, crime number, the offences and also the specific accusations levelled against him. Sd/- C.S.DIAS JUDGE rkc/25.03.24

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Same Court & Year Kerala Orders · 2024 Same Parties Rajeev Chandran vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias

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