Disposed

Sumesh v. State of Kerala

Kerala HC13 Jun 2016Bail Appl./3572/2016

Case brief

AI extract

What is this about?

In a pre-arrest bail application under Sections 324 and 326 IPC, the High Court directed the petitioner to surrender for custodial interrogation to aid investigation, noting the weapon was unrecovered and injuries were serious, leaving regular bail for the Magistrate.

What did the court decide?

Directed petitioner to surrender within seven days for custodial interrogation; regular bail to be considered by Magistrate thereafter.

Sumesh 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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MONDAY, THE 13TH DAY OF JUNE 2016/23RD JYAISHTA, 1938

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Bail Appl..No. 3572 of 2016

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CRIME NO. 428/2016 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER(S)/ACCUSED :

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SUMESH, AGED 26 YEARS, S/O. CHANDRAN, CHINNANVILA VEEDU, CHINNANVILA COLONY, PUNNAKKULAM, KOTTUKAL VILLAGE, VIZHINJAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.THOUFEEK AHAMED

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RESPONDENT(S)/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM, THIRUVANANTHAPURAM-695 521.

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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- - - - B.A.No. 3572 of 2016

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- - - - Dated this the 13^th day of June, 2016

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ORDER

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The petitioner herein seeks pre-arrest bail in Crime No.428 of 2016 of Vizhinjam Police Station, registered under Sections 324 and 326 of the Indian Penal Code. He is the sole accused.

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The prosecution case is that on 13.3.2016, the defacto complainant was assaulted by the petitioner and his co-accused, and they inflicted simple and grievous injuries with weapons.

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This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that the custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that the accused is now released, he will definitely obstruct the proper and effective investigation.

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B.A.No. 3572 of 2016

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-2-

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On a perusal of the case diary, including the wound certificate of the complainant, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. After such interrogation, the request for regular bail can be considered by the learned Magistrate having jurisdiction. The wound certificate shows that the complainant had sustained a fracture. It is submitted by the learned Public Prosecutor that the weapon of offence remains to be recovered. Anyway, let appropriate decision be taken by the learned Magistrate on the request for bail.

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

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a) The petitioner will surrender before

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the investigating officer before 9 am. on any day within seven days from this date for the purpose of interrogation as part of investigation.

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B.A.No. 3572 of 2016

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-3-

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b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.

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c) In case the 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.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Sumesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sumesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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