In a bail application by accused Nos. 2 and 5, the High Court directed surrender for police interrogation to complete investigation. Bail was held unavailable until post-interrogation bail consideration by the Magistrate.
Petitioners directed to surrender for police interrogation within seven days; bail to be considered by Magistrate after interrogation.
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
FRIDAY, THE 17TH DAY OF JUNE 2016/27TH JYAISHTA, 1938
Bail Appl..No. 3522 of 2016 ()
CRIME NO. 595/2016 OF KAYAMKULAM POLICE STATION.
PETITIONER/2ND AND 5TH ACCUSED:
1. HASHIM. A.P., S/O.ASHRAF, AGED 19 YEARS, ANSILA MANZIL, KANNAMPALLY BHAGOM MURI, KEERIKKAD VILLAGE.
2. SHEBIN, S/O.SHARAF, AGED 21 YEARS, PUTHENVEETTIL, NORTH OF M.S.M. COLLEGE, KAYAMKULAM MURI, KAYAMKULAM VILLAGE.
BY ADV. SRI.K.R.SUNIL.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR SMT.MAYA.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.UBAID, J. --------------------------------------B.A No.3522 of 2016
--------------------------------------- Dated this the 17th day of June, 2016
O R D E R
The petitioners herein are the accused Nos.2 and 5 in Crime No.595/2016 of the Kayamkulam Police Station, registered under Sections 143, 147, 148, 149, 341, 324, 326 and 427 of the Indian Penal Code.
2
B.A No.3522 of 2016
interrogation. I find that without such interrogation, for the collection of some materials concerning the involvement of each of the accused and also the complicity of each of them, investigation cannot be completed. After necessary interrogation, the request for bail can be appropriately considered by the learned Magistrate having jurisdiction.
In the result, this application for bail is disposed of as
follows:
a) The petitioners will surrender, if they so opt, before the investigating officer between 9 am. and 10 am on any day within seven days from this date for the purpose of interrogation as part of investigation.
b) After necessary interrogation, the investigating officer will produce the petitioners before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.
c) In case application for regular bail is filed by the petitioners, the same shall be judiciously considered and decided by the learned Magistrate on the same day, on merits.
Sd/P.UBAID JUDGE
//True Copy//
ab
P.A to Judge
3 issues framed by the court
Whether the petitioners are entitled to preventive bail and relief by way of bail-order.
Whether the police investigation can be completed without interrogation of the accused.
Whether the petitioners can be granted bail without compromising the investigation of the crime.
8 provisions across 1 enactments
HASHIM. A.P.
SHEBIN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
