Sreejith K vs State Of Kerala

C.S.Dias, J

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 first accused in Crime No.106/2024 of the Wadakkanchery Police Station, Thrissur, registered against him for allegedly committing the offences punishable under Sections 143, 147, 341, 323, 325, 427, 149 r/w Section 34 of the Indian Penal Code, 1860.

Heard; Sri. P.T. Sheejish, the learned counsel appearing for the petitioner and Smt. Shynimol. V.O., the learned Public Prosecutor appearing for the respondent.

The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has already laid the final report before the Judicial First Class Magistrate Court, Wadakkanchery, on 10.03.2024. The said submission is recorded.

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.

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.