Shabi vs State Of Kerala
2021 Latest Caselaw 9350 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE ASHOK MENON

    FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      Bail Appl..No.2216 OF 2021

    CRIME NO.453/2015 OF Town East Police Station , Thrissur


PETITIONER/S:

                SHABI
                AGED 43 YEARS
                NALAKATH HOUSE,PELAKKATTUPAYYUR,CHOONDAL
                VILLAGE,KOONAMMOOCHI.P.O,THRISSUR
                680504

                BY ADVS.
                SRI.M.ANIL KUMAR
                SMT.PREETHI K.PURUSHOTHAMAN
                SHRI.PRIYAN P.G.

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
                KERALA
                682031


OTHER PRESENT:

                SMT.V.SREEJA-PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION          ON
19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BA 2216/2021

                                    2




                               O R D E R

Dated this the 19th day of March 2021

APPLICATION FOR ANTICIPATORY BAIL

The applicant is the first accused in Crime

No. 453/2015 of Thrissur East Police Station, for

having allegedly committed offences punishable under

Sections 406, 420, 468 R/W 34 of Indian Penal Code.

2. The prosecution case, in brief, is that the applicant

in furtherance of common intention with the second

accused allegedly misappropriated and dishonestly

induced the de facto complainant to punch an engine

number and chasis number for a lorry to secure a false

registration certificate and allegedly sold it to the second BA 2216/2021

witness to deceive him and thus committed the offence.

The applicant was absconding while the second accused

was apprehended and he was tried in CC No.125/2016

which ended in his acquittal as is evident from

Annexure-I judgment dated 16.3.2020. The case against

the applicant was split up and refiled as CC No.32/2020

and since he was absconding, coercive steps were taken

against him and the case has been transferred to the

long pending register as LP 3/2020. Warrant is

pending. The applicant apprehends arrest in

consequence to the warrant and therefore seeks pre-

arrest bail.

3. The applicant has been absconding since 2015.

The fact that he is an accused is known to law. BA 2216/2021

Therefore, he cannot get the benefit of the discretionary

relief under Section 438 Cr.PC to be released on bail on

apprehension.

4. The bail application is therefore disposed of with a

direction to the applicant to surrender before the

jurisdictional court within two weeks and apply for

regular bail, which shall be considered and preferably

disposed of on the very same day.

Sd/-

ASHOK MENON

JUDGE

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