AMEEN RASHID KP v. STATE OF KERALA
Case at a glance
- Bench
- C S DIAS
Outcome
Dismissed
Resultantly, the application is dismissed, without
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 353, 448
Key paragraphs
- Para 55. 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…
- Para 66. 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…
Judgment
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 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: BAIL APPL.NO.4668 OF 2024 -: 2 :-
O R D E R Dated this the 7 th day of June , 202 4 The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre-arrest bail.
The petitioner is the accused in Crime No.357/2024 of the Thenhipalam Police Station, Malappuram, which is registered against him for allegedly committing the offences punishable under Sections 448 and 353 of the Indian Penal Code.
Heard; Sri. Ronit Zachariah, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.
The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has laid the final report before the Judicial First Class Magistrate Court, Parappanangadi on 24.05.2024 and a case is registered as C.C.No.734/2024. The said submission is recorded. BAIL APPL.NO.4668 OF 2024 -: 3 :-
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.
Operative part
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. Jvt/10.6.2024 Sd/- C.S. DIAS, JUDGE BAIL APPL.NO.4668 OF 2024 -: 4 :- APPENDIX OF BAIL APPL. 4668/2024 PETITIONER ANNEXURES :- Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Annexure A7 TRUE COPY OF FIR IN CRIME NO. 357/2024 ON THE FILES OF TENHIPALAM POLICE STATION, MALAPPURAM TRUE COPY OF FIR IN CRIME NO. 433/2024 ON THE FILES OF TENHIPALAM POLICE STATION, MALAPPURAM TRUE COPY OF ORDER DATED 04.05.2024 IN CRL. M.C. NO. 533/2024 PASSED BY THE HON'BLE SESSIONS COURT, MANJERI DIVISION TRUE COPY OF FIR IN CRIME NO. 264/2024 ON THE FILES OF TENHIPALAM POLICE STATION, MALAPPURAM TRUE COPY OF ORDER DATED 14.05.2024 IN CRL. M.C. NO. 591/2024 PASSED BY THE HON'BLE SESSIONS COURT, MANJERI DIVISION TRUE COPY OF ORDER DATED 18.05.2024 IN CMP NO. 586/2024 PASSED BY THE HON'BLE SESSIONS COURT, MANJERI DIVISION TRUE COPY OF LIST OF CANDIDATES VALIDLY NOMINATED PUBLISHED BY THE REGISTRAR & RETURNING OFFICER OF CALICUT UNIVERSITY DATED 31.05.2024
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Resultantly, the application is dismissed, without
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 353, 448.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.