Dismissed

Shameer v. State of Kerala

Kerala HC2 Jun 2014Bail Appl./2548/2014

Case brief

AI extract

What is this about?

In this bail application, the petitioner challenged arrest for offences under IPC Sections 332 and 353 and Sand Act Sections 20 and 23. The Court held pre-arrest bail inappropriate but issued directions for surrender and interrogation.

What did the court decide?

Petitioner directed to surrender for interrogation; bail application dismissed but interim directions issued for subsequent bail consideration.

Shameer Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936

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Bail Appl..No. 2548 of 2014 () ------------------------------CRIME NO. 91/2014 OF TOWN NORTH POLICE STATION , PALAKKAD

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PETITIONER(S)/SOLE ACCUSED:

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SHAMEER AGED 28 YEARS S/O.ABDUL BASHEER, KADUR HOUSE, KODUNTHIRAPULLY PALAKKAD.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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STATE OF KERALA/COMPLAINANT: ----------------------------

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THE STATE OF KERALA

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REP. BY THE SUB INSPECTOR OF POLICE PALAKKAD TOWN NORTH POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM.682 031.

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BY PUBLIC PROSECUTOR: ADV. V S SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 0206-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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=========================

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B.A.No.2548 of 2014

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============================ Dated this the 02^nd day of June, 2014

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O R D E R

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Petitioner suspects arrest by the Palakkad Town North Police in Crime No.91 of 2014 for the offences punishable under Secs.332 and 353 of the Indian Penal Code, Secs.20 and 23 of the Sand Act and Sec.102 of the Code of Criminal Procedure.

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Learned Public Prosecutor has opposed the application. It is submitted that on 17.01.2014 at about 10 p.m, the police saw a lorry transporting river sand and the lorry was intercepted. At that time, a person who was riding motor bike used force against the police and obstructed them from discharging their official duty. Investigation revealed that registered owner of the motor cycle expired on 01.09.2011. Whether the petitioner is involved is yet to be ascertained after identification of the petitioner.

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Learned counsel submits that the allegations are not true. It is submitted that the petitioner was riding a motor cycle and there was a collision between that vehicle and the motor cycle which the police officer was riding.

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In the nature of allegations made against the petitioner, request for pre-arrest bail cannot be allowed. But I am inclined to

B.A.No.2548 of 2014

issue directions.

Resultantly this application is disposed of as under:

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(i) Petitioner shall surrender before the officer investigating Crime No.91 of 2014 of the Palakkad Town North Police Station on 06.06.2014 at 10 a.m for interrogation.

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(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.

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(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.

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(iv) On such production it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast two working days in advance.

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(v) In case custody of the petitioner is required, it is open to the Investigating Officer to move application before the learned magistrate.

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(vi) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioner is required for any purpose and pass appropriate orders as early as possible.

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Sd/- THOMAS P.JOSEPH, JUDGE.

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Sbna

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True Copy P A to Judge

Shameer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shameer v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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