High Court of Kerala dismissed a bail application filed by accused persons during investigation, noting no attempt had been made to question them or recover weapons before the incident, justifying pre-arrest bail refusal given injury severity.
Application dismissed; directed production before jurisdictional magistrate if arrested.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936 Bail Appl..No. 2676 of 2014 ()
CRIME NO. 356/2013 OF MANJESWAR POLICE STATION.
PETITIONER/ACCUSED :
1. ABDUL SATHAR, S/O. MOHAMMED, AGED 32 YEARS, RESIDING AT NADUMOOLE HOUSE, P.O. BERIPADAVU, KASARAGOD-671 322.
2. ABDUL GAFER, S/O. MUHAMMED, AGED 29 YEARS, RESIDING AT 5/664, P.O. BERIPADAVU, KASARAGOD-671 322.
BY ADVS.SRI.C.S.MANU, SRI.S.K.PREMRAJ.
RESPONDENT/COMPLAINANT :
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJESWAR POLICE STATION, KASARAGOD DISTRICT. (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).
BY PUBLIC PROSECUTOR MR.V.S. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
THOMAS P. JOSEPH, J.
Bail Appl.No. 2676 of 2014 ()
Dated this the 10th day of June, 2014
ORDER
Petitioners are accused Nos.3 and 4 in Crime No.356 of 2013 of the Manjeswar Police Station for the offences punishable under Sections 143, 147, 148, 307, 324, 326, 341 read with Section 149 of the Indian Penal Code, apprehend arrest and have filed the application.
Bail Appl.No. 2676 of 2014 () 2
4.Though, the incident occurred on 30.05.2013, the petitioners have not so far been taken to custody or questioned and no attempt is made to recover the weapons if any, for whatever reason it be. It is seen from the wound certificate of the de facto complainant that he suffered chop wounds, incised wounds, fracture of the distal end of left radius and abraded contusion. In the nature of allegations made and the investigation required to be done, request for pre-arrest bail cannot be allowed. In case the petitioners are arrested they shall be produced before the jurisdictional magistrate as early as possible.
The application is dismissed with the above direction.
THOMAS P. JOSEPH JUDGE
AMV
/TRUE COPY/
P.A.TO JUDGE
2 issues framed by the court
Whether pre-arrest bail should be allowed in this offence punishable under Sections 143, 147, 148, 307, 324, 326, 341 read with Section 149 of IPC.
Whether the injury inflicted and nature of weapons used warrant granting bail before arrest.
1 provisions across 1 enactments
ABDUL SATHAR
ABDUL GAFER
STATE OF KERALA
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
