Allowed

Abbas v. State of Kerala

Kerala HC10 Feb 2016Bail Appl./308/2016

Case brief

AI extract

What is this about?

This court allowed a pre-arrest bail application filed by three accused persons involved in a crime registered at Bakel Police Station. The offences included those under Section 354 IPC. The court held that custodial interrogation was not essential.

What did the court decide?

Grant of bail to the petitioners subject to conditions of appearance, non-intimidation, and cooperation with the investigation, with a bond of Rs. 40,000 each.

Abbas 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 SUNIL THOMAS

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WEDNESDAY, THE 10TH DAY OF FEBRUARY 2016/21ST MAGHA, 1937

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Bail Appl..No. 308 of 2016

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CRIME NO. 971/2015 OF BEKAL POLICE STATION , KASARAGOD DISTRICT

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PETITIONER(S)/ACCUSED NO. 1 TO 3 :

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1. ABBAS, AGED 39 YEARS,

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S/O.K.P.ABDULLA, BUNGLOVIL HOUSE, HADDAD NAGAR, BAKEL FORT P.O., KASARAGOD DISTRICT, PIN-671 316.

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2. KUNJABDULLA P.K., AGED 36 YEARS, S/O.SOOPPI HAJI AVILA MANZIL, HADDAD NAGAR, BAKEL FORT P.O., KASARAGOD DISTRICT, PIN-671 316.

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3. KUNNIL SHAFI, AGED 45 YEARS,

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S/O.K.P.MOIDEEN KUNJU, HADDAD NAGAR, BAKEL FORT P.O., KASARAGOD DISTRICT, PIN-671 316.

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BY ADVS.SRI.K.J.MOHAMMED ANZAR

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SMT.P.K.MINIMOLE

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SRI.DILEEP D BHAT

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RESPONDENT(S)/STATE & COMPLAINANT :

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1. STATE OF KERALA,

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2. THE STATION HOUSE OFFICER, BAKEL POLICE STATION, KASARAGOD DISTRICT, PIN-671 316.

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

SUNIL THOMAS, J.

B.A. No.308 of 2016

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Dated this the 10^th day of february, 2016

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O R D E R

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Petitioners are accused Nos.1 to 3 in Crime No.971/2015 of Bakel Police station for offences punishable under Sections 143,147,148,324,323,294(b),506,353& 354 of IPC.

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Allegation of the prosecution is that in a meeting of the Grama Sabha, there was certain scuffle leading to an unruly situation. It is alleged that one of the petitioner herein outraged the modesty of the defacto complainant by pulling her burqua. Crime was registered. Apprehending arrest, petitioners seek pre-arrest bail.

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Heard and examined the records.

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4.Learned public prosecutor, on instructions, submitted that Sections 143,147,148 & 353 have been deleted and Section 34 of IPC has been incorporated. Having regard to the fact that, the factual allegation constituting offence under Section 354 is to be established by the oral testimony of the defacto complainant and her witnesses, custodial interrogation

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B.A.No.308/2016 2

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of the petitioners is not essential. Hence, I am inclined to grant bail to the petitioners subject to the following conditions:

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(i). Petitioners shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter if they are proposed to be arrested, they shall be released on bail on each executing a bond for a sum of Rs.40,000/-(Rupees forty thousand only) with two sureties for the like sum each.

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(ii). They shall not threaten, coerce or intimidate the defacto complainant or his witnesses.

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(iii). They shall appear before the Investigating officer as and when called for and co-operate with the investigation.

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Bail application is allowed.

Sd/-

SUNIL THOMAS

Judge

dpk

/true copy/ PS to Judge.

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B.A.No.308/2016 3

Abbas v. State of Kerala

Case brief

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Abbas v. State of Kerala

Case brief

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