Usman Pulakkal vs. State Of Kerala
Held
The Court held that the petitioner was entitled to statutory bail as he had been in custody for more than 60 days and the investigation was not completed. This right is indefeasible under Section 167(2) of the Code of Criminal Procedure.
Facts
The petitioner was arrested for allegedly obtaining fake GST registration certificates to claim input tax credit and evade tax amounting to Rs. 15.91 crore. He had been in judicial custody for 61 days, and the investigation was not complete.
Key Issues
Whether the petitioner is entitled to statutory bail due to the incomplete investigation beyond the prescribed period.
Sections Cited
Section 132(1)(i), Section 167(2)
AI-generated summary — verify with the full judgment below
BAIL APPL. NO. 5547 OF 2024 1 2024:KER:59591 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 BAIL APPL. NO. 5547 OF 2024 CRIME NO.00/2024 OF KADAVANTHRA POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 27.06.2024 IN CRMC NO.1910 OF 2024 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM ARISING OUT OF THE ORDER/JUDGMENT DATED 14.06.2024 IN CMP NO.2846 OF 2024 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM PETITIONER: USMAN PULAKKAL, AGED 37 YEARS S/O MOITHEEN, PULAKKAL HOUSE, ONGALLUR, KONDOORKARA, PATTAMBI, PALAKKAD, KERALA, INDIA., PIN - 679303 BY ADVS. Dheeraj Krishnan Perot FIDHA NAVAS(K/002215/2022) VINEETHA A.A.(K/000588/2023) RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 THE INTELLIGENCE OFFICER, INTELLIGENCE UNIT – VI, KERALA STATE GST DEPARTMENT, SGST COMPLEX, THEVARA, ERNAKULAM DISTRICT., PIN - 682015 OTHER PRESENT: SPCL PP SRI MOHAMMED RAFEEK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5547 OF
The judgment continues below.
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