Single judge dismissed a bail application under Section 438 CrPC regarding assault charges. The court held that investigation was in the preliminary stage and custodial interrogation was necessary, making bail unsafe and improper.
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
TUESDAY, THE 31ST DAY OF MAY 2016/10TH JYAISHTA, 1938
Bail Appl..No. 2816 of 2016
CRIME NO. 377/2016 OF ERATTUPETTA POLICE STATION , KOTTAYAM
PETITIONER(S)/1ST & 2ND ACCUSED :
1. AMEEN V.Y., AGED 23 YEARS, S/O.YOUSEF, RESIDING AT VATTAKKAYAM HOUSE, NADACKAL P.O., ERATTUPETTA VILLAGE, KOTTAYAM.
2. SHIYAS,
AGED 23 YEARS, S/O.PAREED, VATTAKKAYAM VEEDU, NADACKAL P.O., ERATTUPETTA VILLAGE, KOTTAYAM.
BY ADVS.SRI.BIMAL K.NATH
SRI.SREEVALSAN.V SMT.M.K.SHIMI SRI.D.SREENATH SMT.DIVYA C BALAN SRI.C.N.BALAN SRI.K.N.SUGATHAN
RESPONDENT(S) :
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
P.UBAID, J.
Dated this the 01st day of June, 2016
ORDER
The petitioners herein seek pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 377 of 2016 of the Erattupetta Police Station registered under Sections 323, 324, 326 and 294(b) read with Section 34 of the Indian Penal Code.
by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioners is absolutely necessary as part of investigation, and that, if the accused are now
B.A.No. 2816 of 2016
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released, they will definitely obstruct the proper and effective investigation.
In the result, this application for anticipatory bail is dismissed.
JUDGE
ds
2 issues framed by the court
Whether pre-arrest bail should be granted under Section 438 CrPC given the preliminary stage of investigation and necessity for custodial interrogation.
Whether granting bail at this stage would obstruct proper investigation.
2 provisions across 2 enactments
AMeen V.Y.
SHIYAS
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
