VIJAY BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks pre-arrest bail through this bail application. Petitioner also seeks an interim protection from arrest pending consideration of the bail application.

(2.) The learned Additional Director General of Prosecution, Sri.Gracious Kuriakose, contended at the outset itself that petitioner is not in the country, disentitling consideration of the application. He however submitted that notwithstanding the aforementioned disentitlement, this Court may hear the bail application itself on merits, instead of considering the present prayer for grant of an interim protection.

(3.) The learned counsel for the petitioner, Sri.S.Rajeev, submitted that the petitioner is arrayed as an accused in Crime No. 515 of 2022 of the Ernakulam South Police Station alleging offence under 376(2) (n), 506 and sec. 323 of the Indian Penal Code 1860. The learned Counsel submitted that though petitioner is presently outside the Country he is willing to come down to Kerala, within the jurisdiction of this Court and face investigation. However, due to the threat of immediate arrest raised by the investigation, he fears deprivation of his liberty without getting an opportunity to have the application for pre-arrest bail considered on merits. In such circumstances, petitioner pleads for an interim protection from arrest.