The High Court refused pre-arrest bail to accused persons in a criminal case involving alleged criminal mischief and assault. Instead, it issued directions for interrogation and outlined the procedure for lodging a bail application post-arrest.
Bail refused; directions issued for surrender for interrogation and procedure for post-arrest bail application.
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
MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936 Bail Appl..No. 3021 of 2014 () ------------------------------CRIME NO. 306/2014 OF BEKAL POLICE STATION , KASARGOD PETITIONER(S)/ACCUSED NOS.1 TO 4 AND 6 AND 7: ----------------------------------------------
1. PRANESH AGED 24 YEARS S/O.BALAN, B.T.HOUSE, ARATTUKADAVU P.O.BEKAL, KASARAGOD DISTRICT.
2. PRIYESH AGED 22 YEARS S/O.NARAYANAN, KANDAPAD HOUSE, P.O.PANAYAL.
3. CHANDRAN AGED 46 YEARS S/O.KUTTAN @ APPAKUNHI, KADAMBACHAL, P.O.BEKAL.
4. SREEKUMAR AGED 45 YEARS S/O.NARAYANAN, KADAMBACHAL, P.O.PANAYAL.
5. MURALIDHARAN AGED 43 YEARS S/O.KANNAN, KUTHIRAKKOD, P.O.PANAYAL.
6. SURESH K AGED 25 YEARS S/O.SUNDARAM, KALICHAMERAM, P.O.PANAYAL. BY ADVS.SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT(S)/STATE: --------------------
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. BEKAL POLICE STATION KASARAGOD DISTRICT.
BY PUBLIC PROSECUTOR: ADV. V S SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 0206-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
=========================
B.A.No.3021 of 2014
============================ Dated this the 02nd day of June, 2014
O R D E R
Petitioners are accused Nos.1 to 4 and 6 and 7 in Crime No.306 of 2014 of the Bekal Police Station for the offences punishable under Secs.143, 147, 148, 452, 341 and 324 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
B.A.No.3021 of 2014
2
Resultantly this application is disposed of as under:
(i) Petitioners shall surrender before the officer investigating Crime No.306 of 2014 of the Bekal Police Station on 06.06.2014 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) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioners to request for bail with intimation given to the Assistant Public Prosecutor concerned atleast two working days in advance.
(v) In case custody of the petitioners is required, it is open to the Investigating Officer to move application before the learned magistrate.
(vi) Learned magistrate shall consider the application(s) on merit having regard to all relevant circumstances including whether detention of the petitioners is required for any purpose 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 bail should be granted in an application filed by accused persons facing charges of alleged criminal mischief and assault.
What directions should be issued for interrogation and future bail procedure following an arrest.
1 provisions across 1 enactments
PRANESH AND ORS.
THE STATE OF KERALA
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
