Over 2 lakh Indian cases. Search powered by Google!

Case Details

G.MANOJ, S/O.GOPALAKRISHNAN versus STATE OF KERALA REPRESENTED BY THE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


G.MANOJ, S/O.GOPALAKRISHNAN v. STATE OF KERALA REPRESENTED BY THE - Bail Appl No. 3889 of 2007 [2007] RD-KL 11992 (4 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3889 of 2007()

1. G.MANOJ, S/O.GOPALAKRISHNAN,
... Petitioner

Vs

1. STATE OF KERALA REPRESENTED BY THE
... Respondent

For Petitioner :SRI.B.MOHANLAL

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :04/07/2007

O R D E R

R. BASANT, J.

B.A.NO. 3889 OF 2007

Dated this the 4th day of July, 2007

ORDER

Application for anticipatory bail. The petitioner is the 1st accused. Accused 2 and 3 have already been arrested and enlarged on bail. The crux of the allegations is that spurious gold was pledged in the name of the petitioner and the bank was defrauded to part with money. The petitioner has come to this Court apprehending imminent arrest.

2. The learned Public Prosecutor, after taking instructions, submits that the investigation is already completed and without and before arresting the 1st accused, final report has already been filed. It is for the petitioner now to appear before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor. The learned Public Prosecutor submits that no circumstances justifying the issue B.A.NO. 3889 OF 2007 -: 2 :- of directions under Sec.438 of the Cr.P.C. is there in favour of the petitioner now.

3. I find merit in the opposition by the learned Public Prosecutor. No circumstances justifying the invocation of the equitable discretion under Sec.438 of the Cr.P.C. are shown to exist. This is an eminently fit case where the petitioner must appear before the learned Magistrate and seek regular bail in the ordinary course.

4. In the result, this petition is dismissed. But I may hasten to observe that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.