The Court dismissed a pre-arrest bail application, observing that since the main alleged offences are bailable, the petitioners have no reason to apprehend arrest and should approach the Magistrate for regular bail instead.
Application closed with direction to approach the Magistrate for regular bail.
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 30TH DAY OF MAY 2016/9TH JYAISHTA, 1938
Bail Appl..No. 2979 of 2016 ()
CRIME NO. 94/2016 OF MEENAKSHIPURAM POLICE STATION, PALAKKAD DISTRICT.
PETITIONERS/ACCUSED:
1. GOPI,
2. ARUN, S/O. ARUMUGHAN, AGED 23 YEARS, KAVARATHODE, NANNIYODE, PATTANCHERRY, CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.RAJESH SIVARAMANKUTTY.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP. BY S.I. OF POLICE, MEENAKSHIPURAM POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.UBAID, J.
Dated this the 30th day of May, 2016
ORDER
The petitioners seek pre-arrest bail on the apprehension of arrest in Crime No. 94 of 2016 of the Meenakshipuram Police Station registered under Sections 452, 341, 324 read with Section 34 of IPC. The main offences alleged against them are bailable. They seek pre-arrest bail only because the Police has incorporated Section 452 of IPC in the FIR. The Police report shows that what is alleged is house trespass with intention to cause hurt. What is punishable under Section 452 of IPC is house trespass with preparation to cause hurt. If it is house trespass with intention to cause hurt, it comes under Section 451 of IPC, which is bailable. I find that the petitioners can very well approach the learned Magistrate and seek regular bail.
With the above observation, this application is
closed.
Sd/- P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether pre-arrest bail can be granted when the alleged offences under Sections 452 and 324 read with Section 34 IPC are bailable.
Whether the petitioner should be directed to seek regular bail from the Magistrate.
5 provisions across 1 enactments
GOPI
ARUN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
