Ashik Abdul Rahim v. State of Kerala
Case brief
What is this about?
This court disposed of a pre-arrest bail application under Section 438 Cr.P.C. The court held the petitioner could not be immediately released as custodial interrogation is necessary. Directions were issued for surrender within seven days for interrogation, followed by production before the Magistrate for release on bail or remand on judicial custody, depending on the investigation's progress.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
Bail Appl..No. 1667 of 2016
CRIME NO. NOT KNOWN OF CENTRAL POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
ASHIK ABDUL RAHIM
S/O.ABDUL RAHIM, ELAVUMTHADATHIL HOUSE, EDAVATTI P.O., THODUPUZHA, IDUKKI DISTRICT-685 588.
BY ADV. SRI.P.B.AJOY
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE SHO OF CENTRAL POLICE STATION, THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 011.
Issues for consideration
3 issues framed by the court
Whether pre-arrest bail should be granted given the necessity for custodial interrogation.
The conditions under which the petitioner can be released after interrogation.
The procedure for the learned Magistrate to consider regular bail post-interrogation.
Parties & counsel
- petitioner
ASHIK ABDUL RAHIM
- respondent
STATE OF KERALA
- respondent
SAPHIA
- respondent
V.RAJENDRAN
Coram
Case details
As recorded by the court registry
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