Disposed

Shaji.a. v. State of Kerala

Kerala HC3 Jun 2016Bail Appl./2739/2016

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a pre-arrest bail application. Rejecting immediate bail, the Court directed surrender for interrogation to facilitate recovery of evidence and weapon recovery before further bail consideration.

What did the court decide?

Petitioners directed to surrender for interrogation within seven days; regular bail consideration deferred to Magistrate after investigation.

Shaji.a. Vs State of Kerala — Narcotics (NDPS) | 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. 2739 of 2016 ()

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CRIME NO. 342/2016 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONERS/ACCUSED:

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1. SHAJI. A., AGED 32 YEARS, S/O. ABOOBACKER, KOTTUKUDI VEEDU, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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2. SHIBU A., AGED 31 YEARS, S/O.ANANDAN, A.S. BHAVAN, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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3. ADARSH, AGED 38 YEARS, S/O. SASIDHARAN, ORUMAMOOLE VEEDU, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT

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4. NIKHIL, AGED 39 YEARS, S/O. ANIRUDHAN, BHASURALAYAM, PATTARI, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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5. SAMBHU, AGED 37 YEARS, S/O. RAMESAN, MUKKIL VEEDU, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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6. SELIL, AGED 36 YEARS, S/O. BHUVANACHANDRAN, SEVIN BHAVAN, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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7. ARUN ASOKAN, AGED 35 YEARS, S/O. ASOKAN, NARIKKAL VEEDU, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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Bail Appl..No. 2739 of 2016

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8. PRAVEEN, AGED 40 YEARS, S/O.SUCHEENDRAN, PRIYA BHAVAN, PATTARI, KATTAIKONAM, POTHENCODE, THIRUVANANTHAPURAM DISTRICT.

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9. KELAPPAN, AGED 38 YEARS, S/O. SATHEESH BABU, KALARIKKAL VILA VEEDU, 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 SMT.LALIZA. T.Y.

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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.2739 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. 1, 2, 5 and 8 to 13 in Crime No.342 of 2016 of the Pothencode Police Station. They seek pre-arrest bail on the apprehension of arrest in connection with crime involving the offences under Sections 143,147, 148, 149, 324, 326 and 307 read with 149 of the Indian Penal Code and under Section 27 of the Arms 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 appropriately 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

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B.A No.2739 of 2016

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Magistrate when application for regular bail comes.

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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 seven 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

Shaji.a. v. State of Kerala

Case brief

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Shaji.a. v. State of Kerala

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