Disposed

Shafi @ K.M.Shahid v. State of Kerala

Kerala HC22 Jun 2016Bail Appl./3550/2016

Case brief

AI extract

What is this about?

In a bail application under Section 438 CrPC in a case involving assault and Section 308 IPC, the High Court of Kerala held that pre-arrest bail could be granted but directed the petitioner to surrender for interrogation within seven days and inform the Magistrate promptly.

What did the court decide?

Bail granted; directed surrender for interrogation within seven days and production before Magistrate.

Shafi @ K.M.Shahid Vs State of Kerala — Cheque Dishonour | 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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WEDNESDAY, THE 22ND DAY OF JUNE 2016/1ST ASHADHA, 1938

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Bail Appl..No. 3550 of 2016 ()

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CRIME NO.100/2016 OF PERUVANNAMUZHY POLICE STATION, KOZHIKODE DISTRICT.

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PETITIONER/ACCUSED NO. 2:

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SHAFI @ MOHAMMED SHAHID, AGED 28 YEARS, KUNNUMMAL HOUSE, CHAKKITTAPARA DESOM, PALLIPERVANNA DESOM, QUILANDY.

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BY ADVS.SRI.MANSOOR.B.H. SMT.NITHYA SASI

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RESPONDENT/COMPLAINANT/STATE:

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH STATION HOUSE OFFICER, PERUVANNAMUZHY POLICE STATION, KOZHIKODE DISTRICT.

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BY PUBLIC PROSECUTOR SMT.REMA.R

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

P.UBAID, J.

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B.A No.3550 of 2016

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~~~~~~~~~~~

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Dated this the 22^nd June, 2016

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O R D E R

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The petitioners herein is the second accused in Crime No.100 of 2016 of the Peruvannamuzhy Police Station registered under Sections 452, 323, 324, 325 and 308 read with 34 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 at about 11.30 p.m on 5.4.2016, the petitioner herein trespassed into the courtyard of the complainant, assaulted him, and inflicted injuries on his body with weapons like iron rod and stone.

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On a perusal of the case diary including the treatment records in the name of the complainant, I find that interrogation of the petitioner in custody is absolutely necessary for the collection of the required details regarding the alleged incident, the involvement of each of the accused, and the weapons of offence used. The weapons are yet to be recovered. In such a situation, prearrest bail can be granted to the petitioner. Let the factual aspects be gone into by the learned Magistrate having

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B.A No.3550 of 2016

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jurisdiction. The learned Magistrate will have to examine the case records, and see whether this is in fact a case under Section 308 I.P.C or only a case of simple assault. It is submitted that the accused Nos.1 and 3 are already on bail. This also will have to be considered by the learned Magistrate when application for regular bail comes.

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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 seven 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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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 on merits.

Sd/-

P.UBAID JUDGE

/True copy/

P.S to Judge

Shafi @ K.M.Shahid v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shafi @ K.M.Shahid v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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