High Court disposed bail application refused interim bail directing petitioner to surrender for custodial interrogation, concluding such evidence is vital for investigation before regular bail consideration.
Directing petitioner to surrender for interrogation and leave to approach Magistrate for regular bail after investigation.
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
WEDNESDAY, THE 15TH DAY OF JUNE 2016/25TH JYAISHTA, 1938
Bail Appl..No. 3350 of 2016 ()
------------------------------CRIME NO. 132/2016 OF ANGAMALY POLICE STATION,ERNAKULAM DISTRICT
PETITIONER/ACCUSED NO.8:-
ELDHOSE K.G., AGED 20 YEARS, S/O.GEEVARGHESE, KOCHUPURACKAL VEEDU, THURANGAM KAVALA, KOTTAPPADY KARA, ERNAKULAM DISTRICT.
BY ADV. SRI.K.SUNILKUMAR
RESPONDENT/COMPLAINANT:-
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.UBAID, J.
============================ B.A.No.3350 of 2016
============================ Dated this the 15th day of June, 2016
ORDER
The petitioner herein is the 8th accused in Crime No.132 of 2016 of the Angamaly Police Station involving the offences under Sections 120B and 307 IPC, and also under Section 27 of the Arms Act. The prosecution case is that as part of a conspiracy hatched by the accused Nos.1 to 7 and 9, the accused Nos.1 to 6 assaulted one Jain Thomas, and inflicted serious injuries on his body in an attempt on his life, on 22.01.2016. The accused Nos.1 to 6 are said to be members of a quotation gang undertaking such illegal activities including murder. It is alleged that they did the alleged act for the 7th accused, and the quotation team was arranged by the accused Nos.7 and 9. The allegation as against the petitioner herein as the 8th accused is that, it was he who arranged the vehicle for the accused Nos.1 to 6 to go to the scene of incident. It is
B.A.No.3350 of 2016 2
alleged that he was also a party to the conspiracy. The Investigating Officer was directed to file a report regarding the definite allegation against the petitioner herein. Now there is a report that during investigation the police could collect materials showing that this petitioner had some involvement in the alleged incident by way of arranging the vehicle for the main accused to go to the scene of incident. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer, and then approach the learned Magistrate for regular bail. His custodial interrogation is absolutely necessary for the collection of some materials concerning him, in view of the allegations against him.
In the result, this application for bail is disposed of as follows:
a) The petitioner will surrender before the investigating officer, if he so opts, between 9 a.m. and 10 a.m. on any day within seven days from this date for the purpose of interrogation as part of investigation.
B.A.No.3350 of 2016 3
b) After necessary interrogation, the Investigating Officer will produce the petitioner before the learned Magistrate having jurisdiction before 4 p.m. on the same day.
c) In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided on the same day by the learned Magistrate, on a consideration of all the materials so far collected by the police to arraign this petitioner as the 8th accused in the crime.
Sd/-
P.UBAID, JUDGE
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//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the bail application of the 8th accused in a conspiracy case involving murder and attempt to murder, who is alleged to have arranged a vehicle for the crime, be granted.
3 provisions across 2 enactments
ELDHOSE K.G.
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
