This is an order on an anticipatory bail application. The court refused the pre-arrest bail and directed the petitioner to surrender for interrogation to clarify his role and help recover the weapon, after which the Magistrate will consider regular bail.
Petitioner directed to surrender for interrogation; bail refused at this stage.
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
THURSDAY, THE 21ST DAY OF JULY 2016/30TH ASHADHA, 1938
Bail Appl..No. 3535 of 2016 ()
------------------------------CRIME NO. 433/2016 OF CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM DISTRICT
PETITIONER/ACCUSED:-
SYAMKUMAR, AGED 32, S/O.KRISHNA PILLAI, KALARIAIYATHU VEEDU, NADUVILAKKARA, THEVALAKKARA, KOLLAM.
BY ADV. SRI.M.R.SASITH
RESPONDENTS:-
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE, CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM. PIN-691 001
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.UBAID, J.
============================ B.A.No.3535 of 2016
============================ Dated this the 21st day of July, 2016
ORDER
The petitioner herein seeks pre arrest bail under
Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.433 of 2016 of the Chavara Police Station, registered under Sections 294(b), 324, 326, 506(ii) and 34 of the Indian Penal Code.
B.A.No.3535 of 2016 2
this case had sustained a grievous injury. Interrogation of the petitioner for the collection of some materials concerning him, his actual role in the alleged incident, the motive for the alleged incident, the nature of the weapon used by him, etc: is felt absolutely necessary. The weapon of offence is yet to be recovered. Without such interrogation and recovery of weapon, investigation cannot be completed. After necessary interrogation, his request for bail can be considered by the learned Magistrate having jurisdiction.
In the result, this application for bail is disposed of as follows;
a) The petitioner will surrender before the investigating officer for necessary interrogation, if he so opts, between 9 a.m. and 10 a.m. on any day within seven days from this date.
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
B.A.No.3535 of 2016 3
filed by the petitioner, the same shall be judiciously
considered and decided on merits by the learned Magistrate on the same day.
Sd/P.UBAID, JUDGE
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//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC should be allowed when the alleged offence involves grievous injuries and requires recovery of the weapon.
Whether the petitioner should be directed to surrender for interrogation before grant of bail.
2 provisions across 2 enactments
SYAMKUMAR
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
