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2024 Supreme(Online)(KER) 5530

HIGH COURT OF KERALA
C.S. DIAS, J
ABHIJITH C – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

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 sixth accused in Crime No.37/2022 of Chelakkara Police Station, Thrissur, registered against the accused for allegedly committing the offences under Sections 406 & 420 of the Indian Penal Code, 1860.

3. Heard; Sri. Renjith B.Marar, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.

4. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has laid the final report on 22.02.2023 before the Judicial First Class Magistrate, Wadakkanchery. The said submission is recorded.

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.

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.

Resultant

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