Single judge of Kerala HC in bail application under Sec 438 CrPC for apprehension of arrest in QFI cases involving grievous hurt and temper injury. Granted no bail; directed surrender for investigation.
Direction to surrender for interrogation within 7 days; request for bail to be considered on merits later.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 22ND DAY OF JULY 2016/31ST ASHADHA, 1938
Bail Appl..No. 2363 of 2016 ()
CRIME NO. 266/2016 OF ERATTUPETTA POLICE STATION, KOTTAYAM DISTRICT
PETITIONERS/ACCUSED :
1. THRESSIAMMA AGED 65, W/O.MATHEW, VATTOTHU HOUSE, VELLIKULAM KARA, TEEKOY VILLAGE.
2. V.J.MATHEW AGED 72, S/O.JOSEPH, VATTOTHU HOUSE, VELLIKULAM KARA, TEEKOY VILLAGE.
BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENTS/STATE AND COMPLAINANT :
1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE ERATTUPETTA POLICE STATION, ERATTUPETTA - 686 001.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.UBAID, J.
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B.A No.2363 of 2016
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Dated this the 22nd July, 2016
O R D E R
The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.266 of 2016 of the Erattupetta Police Station registered under Sections 324, 326 and 506 (i) read with 34 of the Indian Penal Code.
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counter case has been registered on the complaint of the petitioners. The exact nature and gravity of the alleged grievous hurt will have to be considered by the learned Magistrate when application for regular bail comes. Interrogation of the petitioners for the collection of some materials concerning the role of each of the accused, the circumstances in which persons on the other side sustained injuries, the nature of the weapon used, etc., is felt absolutely necessary in this case. After such interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction. Without such interrogation for the collection of required materials, investigation cannot be completed.
In the result, this bail application is disposed of as follows:
a. The petitioners shall surrender before the Investigating officer between 9 a.m and 10 a.m on any day within seven days from this date for interrogation.
b. After such interrogation, the Investigating Officer will produce the petitioners before the learned Magistrate having jurisdiction
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on the same day before 4 p.m.
c. In case application for regular bail is filed by the petitioners, the same shall be judiciously considered and decided on merits by the learned Magistrate on the same day.
Sd/-
P.UBAID JUDGE
ma
/ True copy/
P.S to Judge
1 issue framed by the court
Whether pre-arrest bail should be granted without interrogation and investigation being completed first.
1 provisions across 1 enactments
Thressiamma
V. J. Mathew
State of Kerala
P. UBaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
