Bail application allowed for the 4th accused facing offences under the Arms Act where custodial interrogation alone was deemed insufficient despite identity clarification.
Bail granted with undertaking to appear for interrogation and not intimidate witnesses.
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 SUNIL THOMAS
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
Bail Appl..No. 213 of 2016
CRIME NO. 1760/2015 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT.
PETITIONER/4TH ACCUSED:
MOHAMMED SWALIH, S/O.YUSAF, AGED 23 YEARS, KODANGADAN HOUSE, VALLUVANGAD SOUTH.P.O., PANDIKKAD, MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH (K/489/2011)
RESPONDENT/STATE & COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT, PIN-676 121.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
SUNIL THOMAS, J.
B.A.No.213 of 2016
Dated this the 11th day of February, 2016
ORDER
The petitioner is the 4th accused in Crime No.1760/2015 of Manjeri Police Station for offences punishable under Sections 25(1)(a) of Arms Act.
the spot was the son of one Muhammed. It was contended that the name of the father of the petitioner herein is Yusaf and not Muhammed and there appears to be a clear mistake in the identity.
2
B.A.No.213 of 2016
(a) Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty
B.A.No.213 of 2016
3
thousand only) with two sureties for the like
sum each.
the de facto complainant or his witnesses.
Officer as and when called for and co-operate
with the investigation.
The bail application is allowed.
Sd/- SUNIL THOMAS, JUDGE
//TRUE COPY//
P.A. TO JUDGE
AD
Mohammed Swalih
The State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
