Anticipatory Bail If Not Pressed Interim Bail As Well As Bond Stands Effaced: Kerala High Court
|The Kerala High Court has held that a person who was granted interim bail after executing the bond in tune with the interim order of bail, cannot bank upon the interim bail order to submit that the main bail application has become infructuous.
“…it has to be held that in view of the dismissal of the anticipatory bail application by not pressing the same, the order of interim bail as well as the bond executed thereof stand effaced and the police is free to arrest the petitioner and proceed against the petitioner in accordance with law, in this case involving very serious offence”, a bench of Justice A Badharudeen observed in the matter.
Advocate K.S.Arundas appeared for the petitioner, and T V Neema, Senior Public Prosecutor appeared for the respondent.
It was contended by the petitioner that at the time of admission of this anticipatory bail application, on May 5, 2023 the High Court had granted an interim bail.
Furthermore, pursuant to the interim order, the petitioner surrendered and after his arrest, he was released on interim bail. Therefore, the petitioner submitted that as the interim bail has been granted, the anticipatory bail would become infructuous as the petition is not pressed.
In the May 5, 2023 order, the Court had observed,
“…This interim order will be in force only till May 31, 2023. I make it clear that, the petitioner/s will not get any advantage because of this order at the time of final hearing and the prosecutor is free to argue for custodial interrogation if necessary, at that time.”
Therefore, the bench noted that “…it is held that since the petition has been not pressed and dismissed and the interim bail granted stands vacated, the petitioner is relegated back to the date of filing of the anticipatory bail application and it is ordered that the petitioner is not on bail as of now and the police is at liberty to arrest the petitioner and proceed with the investigation in this matter, since the allegations are very serious”.
Cause Title: Mukesh @ Nandu v. State Of Kerala
Click here to read/download the Order