NANDAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) In this bail application filed, purportedly, invoking the provisions of Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner practically seeks extension of time granted to him to surrender before the Investigating Officer in Crime No. 89 of 2021 of Excise Range Officer, Chittoor, Palakkad District. A similar petition was filed by the petitioner before the Sessions Court, Palakkad as Crl.M.P.No.2054 of 2023 in Crl.M.C.No.1528 of 2021. The said petition was dismissed as per order dtd. 20/6/2023. In the said order, the Sessions Court observed that since the petitioner did not comply with the direction issued by that court without any reasonable ground, he was not entitled to the protection as per the order on Crl.M.C.No.1528 of 2021 dtd. 8/7/2021. Further observation is that the Investigating Officer will be at liberty to arrest the accused and to complete the investigation, and to file the final report.

(2.) Apprehending arrest consequent to the said direction, the petitioner has filed the present petition.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.