Vineeth Raj T.C vs State Of Kerala
2024 Latest Caselaw 5153 Ker

Kerala High Court

Vineeth Raj T.C vs State Of Kerala on 15 February, 2024

Author: C.S.Dias

Bench: C.S.Dias

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                       BAIL APPL. NO. 989 OF 2024
     CRIME NO.764/2023 OF Balussery Police Station, Kozhikode
   AGAINST THE ORDER/JUDGMENT CRMC 72/2024 OF DISTRICT COURT &
                        SESSIONS COURT,KOZHIKODE
PETITIONER/S:

            VINEETH RAJ T.C
            AGED 33 YEARS
            S/O.RAJAN,THAZHE CHEMBAI HOUSE, VATTOLI BAZAR(PO),
            BALUSSERY, THAMARASSERY TALUK, KOZHIKODE DISTRICT, PIN
            - 673612

            BY ADVS.
            J.RAMKUMAR
            SHERRY M.V.



RESPONDENT/S:

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


OTHER PRESENT:

            SR PP SRI C S HRITHWIK




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 989 OF 2024
                                2

                           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 4th accused in Crime

No.764/2023 of the Balussery Police Station, Kozhikode,

registered against the accused for allegedly committing

the offences under Sections 143, 147, 148, 341, 323, 324,

326 r/w 149 of the Indian Penal Code, 1860.

3. Heard; Sri. J.Ramkumar, 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, has laid the

final report before the jurisdictional Court.

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. BAIL APPL. NO. 989 OF 2024

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/-

C.S.DIAS,JUDGE rkc/15.02.24 BAIL APPL. NO. 989 OF 2024

APPENDIX OF BAIL APPL. 989/2024

PETITIONER ANNEXURES

Annexure 1 ORDER DATED 20-01-2024 IN CRMC 72/2024 ON DISTRICT COURT & SESSIONS COURT,KOZHIKODE