Dismissed

A. Shibu v. State of Kerala

Kerala HC3 Jun 2016Bail Appl./2730/2016

Case brief

AI extract

What is this about?

Criminal court denied pre-arrest bail petition. Court held accused must undergo police interrogation as weapons were not recovered. directed surrender report within ten days for consideration of regular bail before authorities.

What did the court decide?

The petitioners were directed to surrender for interrogation within ten days before the Investigating Officer, followed by production before the Magistrate; the bail application was disposed of.

A. Shibu 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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FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H

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Bail Appl..No. 2730 of 2016 ()

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CRIME NO. 341/2016 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONERS/ACCUSED:

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A. SHIBU, AGED 30 YEARS, S/O.ANANDAN, A.S. BHAVAN, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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VIMAL KUMAR, AGED 32 YEARS,

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S/O. VISWAKUMAR, SIVAGIRI BHAVAN, KATTAIKONAM, POTHENCODE,

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THIRUVANANTHAPURAM DISTRICT.

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3. KELAPPAN, AGED 35 YEARS,

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S/O. SATHEESH BABU, KALARIKKAL VILA VEEDU, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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4. SEVIN, AGED 28 YEARS,

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S/O. BHUVANACHANDRAN, SEVIN BHAVAN, UDAYAPURAM, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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5. AMAL, AGED 31 YEARS,

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S/O. SUGATHAN, S. IV BHAVAN, VILAYIL, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.P.K.MUHAMMED.

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-06-2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

P.UBAID, J.

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B.A No.2730 of 2016 ~~~~~~~~~~~ Dated this the 3^rd June, 2016

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O R D E R

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The petitioners herein are the accused Nos. 14 to 18 in Crime No.341 of 2016 of the Pothencode Police Station. They seek pre-arrest bail on the apprehension of arrest in connection with the crime involving the offences under Sections 143,147, 148, 149, 353, and 332 of the Indian Penal Code and under Section 3 (2) (e) of the P.D.P.P. Act. It is submitted that some of the accused are already on bail. In the nature of the allegations, I feel that these petitioners also will have to be interrogated in custody by the police. After necessary interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction. It is submitted that the police has not so far been able to recover the weapons of offence. Only after necessary interrogation, the request for bail can be considered. Of course, it is true that some of the accused are already on bail. This also will have to be considered by the learned Magistrate when application for regular bail comes.

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B.A No.2730 of 2016

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

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a. The petitioners shall surrender report before the Investigating Officer within ten days from this date for interrogation as part of investigation.

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b. After necessary interrogation, the petitioner shall be produced before the learned Magistrate having jurisdiction by the Investigating Officer before 4 pm on the same day.

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c. In case application for regular bail is filed by the petitioners on surrender, the same shall be judiciously considered by the learned Magistrate and appropriate decision can be taken on the request, on the same day.

Sd/P.UBAID JUDGE

/True copy/

P.S to Judge

A. Shibu v. State of Kerala

Case brief

What is this about?

What did the court decide?

A. Shibu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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