Dismissed

Firoz Khan v. State of Kerala

Kerala HC8 Jul 2016Bail Appl./3334/2016

Case brief

AI extract

What is this about?

In a bail application under Section 438 Cr.P.C. in a criminal case involving grievous hurt and attempt to murder, the High Court refused immediate bail. The court directed the petitioner to surrender for interrogation to recover weapon evidence and complete investigation before seeking regular bail from the Magistrate.

What did the court decide?

Petitioner directed to surrender for interrogation; bail application disposed of without granting immediate bail; Magistrate to consider regular bail application.

Firoz Khan 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 P.UBAID

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FRIDAY, THE 8TH DAY OF JULY 2016/17TH ASHADHA, 1938

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Bail Appl..No. 3334 of 2016 ()

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CRIME NO. 419/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/2ND ACCUSED :

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FIROZ KHAN S/O.SHOUKATH ALI, AGED 24, POOMANGALATH VEEDU, MUDAPURAM P.O., CHIRAYINKEEZH, THIRUVANANTHAPURAM DIST.

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BY ADV. SRI. LIJU M.P.

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RESPONDENT/STATE :

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STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DIST., REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. REMA R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

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B.A No.3334 of 2016

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~~~~~~~~~~~

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Dated this the 8^th July, 2016

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O R D E R

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The petitioner herein is the the 2nd accused in Crime No.419 of 2016 of the Attingal Police Station registered under Sections 143, 147,148, 341, 324, 326 and 307 read with 149 of the Indian Penal Code. He seeks pre arrest bail under Section 438 of the Code of Criminal Procedure.

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The prosecution case is that, a gang of persons including the petitioner herein assaulted the de facto complainant and his friends at about 3 p.m on 23.2.2016 and inflicted injuries on their body with weapons in an attempt on their life.

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The case diary reveals that one among the injured (Dhanush) had sustained serious injury in the alleged incident. C.T investigation revealed SAH in the left fronto temporal region. He had undergone a Nuero surgery as part of treatment, as revealed by the discharge card. The case diary shows that the serious injury was inflicted by the petitioner herein is with a chopper. It is submitted

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B.A No.3334 of 2016

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that the accused Nos.3 to 10 are on bail now. The details are not available. The first accused is yet to be arrested. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. I am not inclined to release him under Section 438 Cr.P.C immediately. His interrogation in custody is absolutely necessary for the collection of some materials concerning him, his involvement in the actual incident, and also the weapons of offence. Without such interrogation, investigation cannot be completed. Let the request for bail be appropriately considered by the learned Magistrate.

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In the result, this bail application is disposed of as follows:

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a. The petitioner shall surrender before the Investigating officer, if he so opts, between 9 a.m and 10 a.m on any day within ten days from this date for interrogation.

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b. After such interrogation, the Investigating Officer will produce the petitioner before the learned Magistrate having jurisdiction on the same day before 4 p.m.

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B.A No.3334 of 2016

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c. In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day .

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Sd/P.UBAID JUDGE

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/True copy/ P.S to Judge

Firoz Khan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Firoz Khan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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