Accused sought pre-arrest bail alleging wrongful inclusion of Section 452 IPC in FIR. Court observed alleged offense was bailable and directed petitioners to approach Magistrate for regular bail, disposing of the application.
Liberty to approach the learned Magistrate for regular bail; application disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938
Bail Appl..No. 2525 of 2016
CRIME NO. 230/2016 OF KUNNAMANGALAM POLICE STATION , KOZHIKODE DISTRICT
PETITIONER(S)/ACCUSED :
1. VIJESH M.P, AGED 32 YEARS,
2. VIPIN RAJ, AGED 27 YEARS, S/O. BABURAJAN, MANNAMPARAMBATH HOUSE, PERUVAYAL AMSOM, PERINGOLAM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
3. DEEPAK C, AGED 30 YEARS, S/O.MANOHARAN NAIR, CHERICHEYIL HOUSE, KURIKKATHOOR, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S)/COMPLAINANT & STATE :
1. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KOZHIKODE, PIN - 673 571.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
P.UBAID, J. --------------------------------------B.A No.2525 of 2016
---------------------------------------
Dated this the 14th day of June, 2016
O R D E R
The petitioners herein are the accused Nos.4,5 and 7 in Crime No.230/2016 of the Kunnamangalam Police Station, registered under Sections 143, 147, 148, 452, 427 and 506(ii) of the Indian Penal Code. They seek pre arrest bail on the apprehension of arrest by the police. They can very well surrender before the learned Magistrate, but they apprehend that they will be remanded to judicial custody in view of the allegation under Section 452 IPC. It is not known whether anybody had sustained any injury in the alleged incident. What is punishable under Section 452 IPC is only house trespass with preparation to cause hurt. A mere house trespass with intention to cause hurt, will come only under Section 451 IPC, if at all anybody had sustained any injury in the alleged incident. It appears that Section 452 IPC was wrongly incorporated in the FIR by the police, instead of incorporating right section dealing with house trespass in the given circumstances. The petitioners can very well approach the learned Magistrate having
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B.A No.2525 of 2016
jurisdiction and seek regular bail. The main offences alleged against them are bailable under the law. Thus, giving liberty to the petitioners to approach the learned Magistrate for regular bail, this application is disposed of.
Sd/P.UBAID JUDGE
//True Copy//
P.A to Judge
ab
1 issue framed by the court
Whether to grant pre-arrest bail in anticipation of arrest on allegations of section 452 IPC.
Colour shows how this judgement treated each authority
None citedReferred
1 provisions across 1 enactments
VIJESH M.P
VIPIN RAJ
DEEPAK C
SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
