Bail application allowed. Bail granted subject to immediate surrender for interrogation. Petitioner authorized to be released on executing a bond if arrested, provided custodial interrogation is not required.
Bail granted. Surrender required by 12-12-2013. If arrested, release upon executing bond for Rs. 20,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 5TH DAY OF DECEMBER 2013/14TH AGRAHAYANA, 1935
Bail Appl..No. 7951 of 2013 ()
CRIME NO. 2017/2013 OF NORTH PARUR POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO 1:
N.A.ALI, AGED 70 YEARS, ADVOCATE, S/O.ABDUL RAHIMAN, NADUVILAPARAMBIL HOUSE
N.PARAVUR
BY ADV. SRI.MANSOOR.B.H.
RESPONDENTS/COMPLAINANT/STATE:
-----------------------------
1. STATE OF KERALA
REP BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031
2. STATION HOUSE OFFICER, NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT 683513
R1 & R2 BY PUBLIC PROSECUTOR SRI.C. RESHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BP
THOMAS P. JOSEPH, J
B.A.No.7951 of 2013
Dated this the 5th day of December, 2013
ORDER
Petitioner is first accused, in Crime No.2017 of 2013 of the North Paravoor Police Station for the offences punishable under Sections 143, 147, 448, 353 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed this application.
B.A.No.7951 of 2013
2
interrogation of the petitioner is not required. At the same time, assuming that the fruits and the vehicles were seized illegally, it is not as if it could be got released illegally and using muscle power. Nobody, whatever his eminence be, has the right to take the law in to his hands. He is, and should be bound to respect the rule of law. Assuming that the action of the authorities was illegal, the aggrieved should have sought remedy as provided under the law. Since I found that custodial interrogation of the petitioner is not required, I am inclined to grant relief to the petitioner. At the same time such high handed act (as alleged) has to be prevented.
Resultantly, the application is allowed as under: a) Petitioner shall surrender before the officer investigating Crime No.2017 of 2013 of the North Paravoor Police Station on 12-12-2013 at 10 a.m for interrogation.
b) If interrogation of the petitioner could not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply.
c) In case arrest of the petitioner is recorded, he shall shall be released by the Arresting Officer (if not required to be
B.A.No.7951 of 2013
3
detained otherwise) on his executing bond for Rs.20,000/(Rupees twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:
i) Petitioner shall report to the officer investigating the case as and when required for interrogation.
ii) Petitioner shall not, during the period of this bail get involved in any similar offence.
iii) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR
2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS
/True Copy/
P.A. to Judge
3 issues framed by the court
Whether bail should be granted to the petitioner as first accused in the offence of illegal assembly and intimidation.
Whether custodial interrogation is necessary in the case.
If bail is granted, what conditions must the petitioner observe.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaReferred¶39
P.K.Shaji Vs. State of Kerala (AIR 2006 SC 100) · Who else cites this
1 provisions across 1 enactments
N.A. Ali
State of Kerala
Station House Officer, North Paravur Police Station
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Thomas P. Joseph
Parties & counsel
