In a bail application, the court denied pre-arrest bail as material objects were unrecovered. The court directed accused to surrender for interrogation and outlined procedures for bail application post-arrest.
Pre-arrest bail denied. Directions issued for surrender on 30.05.2014 for interrogation and cooperation with investigation.
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
FRIDAY, THE 23RD DAY OF MAY 2014/2ND JYAISHTA, 1936 Bail Appl..No. 2781 of 2014 () -------------------------------
CRIME NO. 269/2014 OF KADAKKAVOOR POLICE STATION , THIRUVANANDAPURAM PETITIONER(S)/ACCUSED: ---------------------1. BINU, AGED 30 YEARS S/O SASIDHARAN, KUNNATHU VEEDU, KAVALAYOOR MANAMBUR P.O, MANAMBUR VILLAGE THIRUVANANTHAPURAM DISTRICT 2. KUTTAN, AGED 38 YEARS S/O SASIDHARAN, KUNNATHU VEEDU, KAVALAYOOR MANAMBUR P.O, MANAMBUR VILLAGE THIRUVANANTHAPURAM DISTRICT
3. SHIBU, AGED 38 YEARS S/O KRISHNANKUTTY, VILAYIL VEEDU, PANAYARAKONAM PERUMKULAM P.O, MANAMBUR VILLAGE THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.K.SIJU SMT.BINDU GEORGE RESPONDENT(S): ------------STATE OF KERALA, THROUGH THE S.I OF POLICE, KADAKKAVUR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031
BY PUBLIC PROSECUTOR: ADV. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
=========================
B.A.No.2781 of 2014
============================ Dated this the 23rd day of May, 2014
O R D E R
Petitioners are accused Nos.1 to 3, in Crime No.269 of 2014 of the Kadakkavur Police Station for the offences punishable under Secs.341, 294(b), 323, 324 and 326 r/w Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.
The application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.269 of 2014 of the
B.A.No.2781 of 2014
2
Kadakkavur Police Station on 30.05.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) Petitioners shall co-operate with the investigation of the case.
(iv) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(v) On such production it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.
(vi) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vii) Learned magistrate shall dispose of the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioners or any of them is required for recovery of any material objects and pass appropriate orders as early as possible.
Sd/- THOMAS P.JOSEPH, JUDGE.
Sbna
True Copy
P A to Judge
2 issues framed by the court
Whether pre-arrest bail should be granted to accused facing assault and hurt charges.
Whether directions should be issued for surrender when material objects are not recovered.
1 provisions across 1 enactments
Binu
Kuttan
Shibu
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
