Disposed

Nisar v. State of Kerala

Kerala HC14 Jun 2016Bail Appl./2545/2016

Case brief

AI extract

What is this about?

This criminal bail application was disposed of by directing the petitioner to surrender for interrogation and not granting immediate bail. The court held that the case involves obstruction of public duty and injuries to police officers, requiring factual inquiry by the Magistrate before deciding on regular bail.

What did the court decide?

The petitioner is directed to surrender for interrogation, after which the Magistrate shall decide the bail application.

Nisar Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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TUESDAY, THE 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938

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Bail Appl..No. 2545 of 2016 () ------------------------------CRIME NO. 170/2016 OF TANUR POLICE STATION, MALAPPURAM DISTRICT

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PETITIONER(S)/1ST ACCUSED:

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NISAR,S/O.ABDULLAKUTTY, AGED 34 YEARS, MARAKKARIKADAVATH, TANUR POST, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.P.SUDHEER

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RESPONDENT(S)/COMPLAINANT :

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 REPRESENTING SUB INSPECTOR OF POLICE, TANUR POLICE STATION, TANUR - 676302 MALAPPURAM DISTRICT

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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============================

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B.A.No.2545 of 2016

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============================ Dated this the 14^th day of June, 2016

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ORDER

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The petitioner herein is the first accused in Crime No.170 of 2016 of the Tanur Police Station, registered under Sections 143,147, 278, 283, 353 and 332 read with Section 149 of the Indian Penal Code, and also under Section 3(1) of the Prevention of Damages to Public Properties Act (PDPP Act). It is alleged that the petitioner herein was found smoking by sitting on his motor cycle parked on the public road, and when the Sub Inspector of Police, Tanur asked him to remove the vehicle from public road, he and some others abused the Sub Inspector of Police, and assaulted him and also the police constables accompanying him. The alleged incident happened at about 10 p.m. on 02.03.2016 at Tanur. It is alleged that the Sub Inspector of Police had sustained some injuries also in the alleged incident, and that his discharge of

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B.A.No.2545 of 2016 2

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official duty was obstructed by the petitioner and others. The petitioner herein is the named accused in the FIR. The complaint shows the involvement of twenty other identifiable persons also. It is not known whether the police has identified any of these identifiable persons. A perusal of the wound certificate shows that the police officers had sustained only simple injuries in the alleged incident. It is not known how exactly the discharge of duty was obstructed. The learned counsel submitted that what really happened is that when the police unnecessarily harassed the petitioner, some persons who gathered there questioned the Sub Inspector. Anyway, let the factual aspects be looked into by the learned Magistrate. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. Thereafter, he can approach the learned Magistrate for regular bail.

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In the result, this application for bail is disposed of as follows:

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a) The petitioner will surrender before

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B.A.No.2545 of 2016 3

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the investigating officer, if he so opts, between 9 a.m. and 10 a.m. on any day within seven days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction before 4 p.m. on the same day.

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c) In case application for regular bail is filed by the petitioner, the learned Magistrate will obtain judicial decision on the request on a consideration of all the aspects concerning the incident, including the defence projected by the petitioner, on the same day.

Sd/-

P.UBAID, JUDGE

rkj

//TRUE COPY//

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P.A. TO JUDGE

Nisar v. State of Kerala

Case brief

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Nisar v. State of Kerala

Case brief

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What did the court decide?

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