K.P.Radhakrishnan vs State Of Kerala on 2 March, 2021

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Kerala High Court

K.P.Radhakrishnan vs State Of Kerala on 2 March, 2021

Bench: Ashok Menon

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       Bail Appl..No.2116 OF 2021

     CRIME NO.224/1989 OF PUDUKKAD POLICE STATION , THRISSUR


PETITIONER/ACCUSED:

               K.P.RADHAKRISHNAN,
               AGED 63 YEARS,
               SON OF PARAMESWARAN NAIR,
               KAIPILLIL HOUSE,
               RAYAMANGALAM,
               PERUMBAVOOR ,
               ERNAKULAM
               PIN-683545

               BY ADV. SRI.AJEESH M UMMER

RESPONDENTS:

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

      2        GOPIDASAN,
               AGED 65 YEARS,
               SON OF SUBRAMANIAN,
               NELLIPARAMBIL HOUSE,
               MUTHRATHUKARA DESAM,
               PARAPOOKKARA VILLAGE,
               MUKANDAPURAM THALUK
               PIN-680305

               R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

               SMT.V SREEJA - PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION         ON
02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A.No.2116 OF 2021

                                 2




                               ORDER

Dated this the 02nd day of March, 2021 APPLICATION FOR ANTICIPATORY BAIL The applicant is the 2nd accused in Crime No.224 of 1989 of Pudukkad Police Station, Thrissur, for having allegedly committed offences punishable under Section 420 of the IPC and Section 138 of the Negotiable Instrument Act (for short the "NI Act"). The prosecution case, in brief, is this:

2. The applicant was allegedly absconding and the case against him has been consigned to the register of Long Pending cases as L.P.No.6/1990. The warrant is pending against him. The applicant states that he was in Tirupur and was not aware of the allegations against him. And, therefore, he could not appear to contest. He is willing to co-operate with the investigation and the trial. And, therefore, he seeks pre-arrest bail.

3. Considering the fact that the applicant has been absconding and an L.P warrant is pending against the applicant, he is not entitled to the exceptional remedy under Section 438 B.A.No.2116 OF 2021 3 Cr.P.C.

The applicant is directed to surrender before the Judicial First Class Magistrate Court, Irinjalakuda, and apply for a regular bail before that court which shall be preferably considered on its merits and disposed of on the very same date.

Hence, the bail application is disposed of.

Sd/-

ASHOK MENON JUDGE NR/02/03/2021

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