Abhilash, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided Jun 07, 2024

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Citation: sooperkanoon.com/1325345
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Jun 07, 2024
Case Number: Bail Appl./3999/2024

Parties & Advocates

Appellant / Petitioner

Abhilash,

Respondent

State of Kerala,

Excerpt

.....prosecutor, high court of kerala, ernakulam, pin - 682 031 2 the station house officer, chadayamangalam police station, chadayamangalam p.o., kottarakkara, kollam, pin - 691 534 sri.c.s.hrithwik, sr.pp this bail application having come up for admission on 07.06.2024, the court on the same day delivered the following: -: 2 :-orderdated this the 7th day of june, 2024 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 sole accused in crime no.1301/2012 of the chadayamangalam police station, kollam, which is registered against him, for allegedly committing the offence punishable under section 420 of the ipc.3. heard; sri.c.r.jayakumar, 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 had laid the final report against the petitioner as early as in the year2014. subsequently, since the petitioner did not appear, -: 3 :- the case was transferred to the long pending register and has now numbered as l.p.no.298/2020 on the file of the judicial first class magistrate court, kadakkal. the said submission is recorded. in the light of the above submission, i am of thedefinite view that this application under section 438 is not sustainable in law. therefore, this application is dismissed without prejudice to the right of the petitioner to work out his remedy, in accordance with law. sd/- c.s. dias, judge jvt/10.6.2024 -: 4 :- appendix of bail appl.3999/2024 petitioner annexures :- annexure a1 true copy of the fir no. 1301/2012 chadayamangalam police station, kollam along with the cmp no. annexure a2 true copy of the final report in crime no. 1301/2012 chadayamangalam police station, kollam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 CRIME NO.1301/2012 OF Chadayamanagalam Police Station, Kollam --------------- PETITIONER/SOLE ACCUSED :- ABHILASH, AGED 49 YEARS S/O. GOPALAKRISHNA PILLAI, P.G. SADANAM, VETTUVAZHI MURI, CHADAYAMANGALAM P.O., KOTTARAKKARA, KOLLAM, PIN - 691 534 BY ADVS. C.R.JAYAKUMAR NOBEL RAJU ALEENA JOSE RESPONDENT/STATE/COMPLAINANT :-
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031 2 THE STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION, CHADAYAMANGALAM P.O., KOTTARAKKARA, KOLLAM, PIN - 691 534 SRI.C.S.HRITHWIK, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -: 2 :-

ORDER

Dated this the 7th day of June, 2024 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 sole accused in Crime No.1301/2012 of the Chadayamangalam police station, Kollam, which is registered against him, for allegedly committing the offence punishable under Section 420 of the IPC.

3. Heard; Sri.C.R.Jayakumar, 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 had laid the final report against the petitioner as early as in the year

2014. Subsequently, since the petitioner did not appear, -: 3 :- the case was transferred to the Long Pending Register and has now numbered as L.P.No.298/2020 on the file of the Judicial first Class Magistrate Court, Kadakkal. The said submission is recorded. In the light of the above submission, I am of the

definite view that this application under Section 438 is not sustainable in law. Therefore, this application is dismissed without prejudice to the right of the petitioner to work out his remedy, in accordance with law. Sd/- C.S. DIAS, JUDGE Jvt/10.6.2024 -: 4 :- APPENDIX OF BAIL APPL.3999/2024 PETITIONER ANNEXURES :- Annexure A1 TRUE COPY OF THE FIR NO. 1301/2012 CHADAYAMANGALAM POLICE STATION, KOLLAM ALONG WITH THE CMP NO. Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1301/2012 CHADAYAMANGALAM POLICE STATION, KOLLAM

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