This bail application was disposed of by directing the petitioners to surrender for further interrogation regarding their roles and the incident, refusing pre-arrest bail under Section 438 Cr.P.C.
Direction to surrender for interrogation; refusal of pre-arrest bail; regular bail to be considered after production before Magistrate.
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
THURSDAY, THE 21ST DAY OF JULY 2016/30TH ASHADHA, 1938
Bail Appl..No. 2588 of 2016
CRIME NO. 30/2016 OF PERAVOOR POLICE STATION , KANNUR
PETITIONER(S)/ACCUSED NO. 2 & 3:
1. JISHNU KOODALIYAN, AGED 22 YEARS, S/O PURUSHOTHAMAN, ARYAPPALLY HOUSE, PERAVOOR P.O., KANNUR DISTRICT.
2. NIPUN NANDANAN, AGED 24 YEARS, S/O NANDANAN, ARYAPPALLY HOUSE, PERAVOOR P.O., KANNUR DISTRICT.
BY ADV. SRI.V.BINOY RAM
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN:682031.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P. UBAID, J.
B.A.No.2588 of 2016
Dated this the 21st day of July, 2016
The petitioners herein are the accused Nos.2 and 3 in Crime No.30/2016 of the Peravoor Police Station, registered under Sections 341, 323, 324 and 326 read with 34 IPC.
2
B.A.No.2588 of 2016
accused, the nature of the weapons used, the motive of the incident, etc. is felt absolutely necessary. Without such interrogation investigation cannot be completed. After necessary interrogation, the request for regular bail can be considered by the learned Magistrate having jurisdiction.
In the result, this petition is disposed of as follows:
a) The petitioner shall surrender before the investigating officer, between 9 am and 10 am on any day within seven days from this date for necessary interrogation.
b) After interrogation, the investigating officer will produce the petitioner before the learned Magistrate
having jurisdiction, before 4 pm on the same day.
c) In case application for regular bail is filed, the same shall be judiciously considered and decided by the learned Magistrate on the same day.
Sd/-
P. UBAID, JUDGE
sd
// True Copy //
P.A. to Judge
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioners in a case involving assault and grievous injury.
Whether the petitioners should be directed to surrender for interrogation before considering a bail application.
3 provisions across 2 enactments
JISHNU KOODALIYAN
NIPUN NANDANAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
