The High Court refused immediate release of the petitioner under Section 438 CrPC. The court directed the petitioner to surrender for custodial interrogation within seven days, allowing subsequent bail consideration by the Magistrate only after investigation concludes or detention is deemed necessary.
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 P.UBAID
WEDNESDAY, THE 1ST DAY OF JUNE 2016/11TH JYAISHTA, 1938
Bail Appl..No. 2414 of 2016 () ------------------------------CRIME NO. 241/2016 OF CANTONMENT POLICE STATION, THIRUVANANDAPURAM DISTRICT
PETITIONER(S)/2ND ACCUSED:
G.VIJAYAKUMAR,S/O.GOPI,AGED 52 YEARS, RESIDING AT HOUSE NO. D-5, RAJAJI NAGAR, G.P.O., PS, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.
BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH
RESPONDENT(S)/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682 032.
BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
P. UBAID, J.
B.A.No.2414 of 2016
Dated this the 1st day of June, 2016
The petitioner herein seeks pre-arrest bail under Section
438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.241/2016 of the Cantonment Police Station, Thiruvananthapuram, registered under Sections 294(b), 323, 324 and 308 IPC. He is the 3rd accused in the crime.
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wound certificate shows that he had lacerated wound of 3x1x1 c.m. and another wound of 1x1x1cm on his left eye brow. The
wound certificate also shows that there was severe smell of alcohol when the complainant was brought at the hospital. Let all these factual aspects be gone into by the learned Magistrate having jurisdiction.
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successful prosecution. The petitioner will have to surrender before the investigating officer for such interrogation. After necessary interrogation, the petitioner will have to be produced before the learned Magistrate having jurisdiction.
In the result, this application for bail is disposed of as
follows:
a) The petitioner will surrender before the
investigating officer before 9 am. on any day within seven days from this date for the purpose of interrogation as part of investigation.
b) After necessary interrogation, the
investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.
c) If the learned Magistrate is satisfied that
the interrogation as part of investigation is over, and that there is no necessity of detention of the petitioner in custody, the petitioner can be released on appropriate conditions.
d) If it is found otherwise that the petitioner
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did not in fact co-operate, or that his detention is necessary for a reasonable period, for effective
investigation, and for collection of the materials which the petitioner did not disclose during investigation, the learned Magistrate can remand the petitioner to judicial custody. The learned Magistrate will have to take decision on the said aspect independently and judiciously, without being influenced or carried away by police report. In case of remand, the application for regular bail will be considered by the learned Magistrate judiciously, after necessary materials are collected as part of investigation.
Sd/P. UBAID, JUDGE
sd
// True Copy //
P.A. to Judge
3 issues framed by the court
Whether the petitioner should be granted pre-arrest bail under Section 438 CrPC given the need for custodial interrogation.
Whether the requirement of surrender for interrogation constitutes an effective disposal of the bail application.
Whether there is a necessity for immediate release versus custodial interrogation for investigation.
1 provisions across 1 enactments
G.Vijayakumar
State of Kerala
P. UBaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
