The High Court of Kerala disposed of a bail application by refusing pre-arrest bail. The Court directed petitioners to surrender for interrogation as the victim sustained injuries, and held that investigation cannot be completed without it.
Pre-arrest bail refused; petitioners directed to surrender for interrogation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 21ST DAY OF JULY 2016/30TH ASHADHA, 1938
Bail Appl..No. 3301 of 2016 ()
CRIME NO. 241/2016 OF KOLLENGODE POLICE STATION, PALAKKAD DISTRICT
PETITIONERS/ACCUSED 1 TO 6 :
1. PRABHU
2. NISHANTH
3. SANKARANARAYANAN
4. GOPAN
5. DINESHKUMAR
6. VINOD
S/O.RAMACHANDRAN, AGED 33 YEARS, PARAKKAL HOUSE, ADICHIRA, KARIPPODE, PALAKKAD DISTRICT.
BY ADV. SRI.RAJESH SIVARAMANKUTTY
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REP. BY S.I.OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.UBAID, J.
~~~~~~~~~~
B.A No.3301 of 2016
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Dated this the 21st July, 2016
O R D E R
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.241 of 2016 of the Kolengode Police Station registered under Sections 143, 147, 148, 341, 323, 326, 427 and 506 (i) read with 149 of the Indian Penal Code. They are the accused Nos.1 to 6 in the crime.
B.A No.3301 of 2016
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the weapon used, motive for the incident etc., is felt necessary in this case. Without such interrogation, investigation cannot be completed. I am not inclined to release the petitioners immediately under Section 438 Cr.P.C.
In the result, this bail application is disposed of as follows:
a. The petitioners shall surrender before the Investigating officer between 9 a.m and 10 a.m on any day within seven days from this date for interrogation.
b. After such interrogation, the Investigating Officer will produce the petitioners before the learned Magistrate having jurisdiction on the same day before 4 p.m.
c. In case application for regular bail is filed by the petitioners, the same shall be judiciously considered and decided on merits by the learned Magistrate on the same day.
Sd/-
P.UBAID JUDGE
ma
/True copy/ P.S to Judge
B.A No.3301 of 2016
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2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted given the need for interrogation to establish roles and weapons.
Whether the petitioners can be released immediately without interrogating them in a case involving bodily injury.
1 provisions across 1 enactments
PRABHU AND OTHERS
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
