High Court rejected pre-arrest bail for two applicants accused of police rescue. Court directed surrender for interrogation, production before magistrate, and consideration of regular bail on merits.
Direct applicants to surrender for interrogation, produce before magistrate, and consider regular bail application on merits.
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
MONDAY, THE 20TH DAY OF JUNE 2016/30TH JYAISHTA, 1938
Bail Appl.No. 2640 of 2016
CRIME NO. 494/2015 OF VELLIKULANGARA POLICE STATION, THRISSUR
APPLICANTS/ACCUSED 5 & 6:
1. PUSHPAKARAN, AGED 44 YEARS, S/O.KUNJIPENGAN, ANDYKODATH HOUSE, MATTATHUR VILLAGE, MATTATHUR PANCHAYAT, PADY P.O., THRISSUR DISTRICT-680 699.
2. ONACHAN N.P., AGED 48 YEARS, S/O.PATHROSE, NARIPLAVUNGAL HOUSE, MONODY P.O., THRISSUR DISTRICT, PIN-680 699.
BY ADVS.SRI.K.P.JOSE
SMT.C.P.GRACY
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, ERNAKULAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
P.UBAID, J.
============================
B.A.No.2640 of 2016
============================ Dated this the 20th day of June, 2016
ORDER
The petitioners herein are the accused Nos.5 and 6 in Crime No.494 of 2015 of the Vellikulangara Police Station, registered under Sections 143, 147, 353 and 225 read with Section 149 of the Indian Penal Code. The prosecution case is that at about 6.30 p.m. on 28.07.2015 a gang of persons including three named persons, and twenty other identifiable persons attacked the police party and rescued an accused taken into custody by the police on the same day. These petitioners are two among the identifiable persons mentioned in the FIR. The accused Nos.1 to 4 were arrested by the police, and later they were granted regular bail. These petitioners now seek pre arrest bail on the apprehension of arrest. They are the two persons identified during investigation. The question of releasing them can be considered only after the custodial interrogation of the petitioners by the police. The police will have to collect
B.A.No.2640 of 2016 2
some material concerning them including their identity, and also their exact involvement in the alleged incident. The crime alleged is serious in nature, because an accused taken into custody by the police was rescued by a gang of persons. This sort of activities, or act of crimes cannot be in any circumstance be condoned. Such things will have to be viewed and dealt with seriously. Pre arrest bail cannot be granted to the accused in such cases. In the nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer, and approach the learned Magistrate for regular bail.
In the result, this application is disposed of as follows;
a) The petitioners will surrender before the investigating officer, if they so opt, 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.
b) After necessary interrogation, the investigating officer will produce the petitioners
B.A.No.2640 of 2016 3
before the learned Magistrate having jurisdiction before 4 pm. on the same day.
c) In case application for regular bail is filed
by the petitioners, the same shall be judiciously considered and decided on merits on the same day by the learned Magistrate.
Sd/-
P. UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
Whether pre-arrest bail application by accused for rescue of police custody criminal is maintainable/grantable.
Whether applicants can be directed to surrender for interrogation before seeking regular bail.
Whether court can direct appearance before magistrate after police interrogation.
1 provisions across 1 enactments
PUSHPAKARAN
ONACHAN N.P.
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
