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2024 Supreme(Online)(KER) 30164

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


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 accused in Crime No.419/2019 of Vanchiyoor Police Station, Thiruvananthapuram, registered against him, for allegedly committing the offences punishable under Sections 120-B, 465, 468, 471, 406 & 409 read with Section 34 of the Indian Penal Code, 1860.

3. Heard; Sri.D. Ajithkumar, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Senior Public Prosecutor appearing for the respondents.

4. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer B.A.No.2686/2022 has already laid a final report and the trail in the crime is progressing. 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 petition

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