The High Court of Kerala rejected the petitioners application for pre-arrest bail in a criminal case involving assault. The court held that the investigation was at a preliminary stage, custodial interrogation was necessary, and bail would obstruct it.
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
TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938
Bail Appl..No. 3622 of 2016
CRIME NO. 792/2015 OF BEKAL POLICE STATION, KASARGOD
PETITIONER(S)/ACCUSED:
1. P.C.BASHEER, AGED 52 YEARS, S/O.MOHAMMED KUNHI, P.C.HOUSE, HADDATH NAGAR, BEKALKUNNIL, KASARGOD DISTRICT.
2. KHALID M.G, AGED 35 YEARS, S/O.MOHAMMED, M.G.HOUSE, HASSAN BAJAR, BEKALKUNNIL, KASARGOD DISTRICT.
3. ABBAS, AGED 62 YEARS, S/O.ISMAIL, ZAINUDHEEN MANZIL, HADDATH NAGAR, BAKELKUNNIL, KASARGOD DISTIRCT.
BY ADVS.SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENT(S)/COMPLAINANTS:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARGOD DISTRICT - 671 318.
BY PUBLIC PROSECUTOR SMT.SHEEBA M.T.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
P. UBAID, J.
B.A.No.3622 of 2016
Dated this the 24th day of May, 2016
O R D E R
The petitioners herein seek pre-arrest bail under Section
438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.792/2015 of the Bekal Police Station, registered under Sections 143, 147, 148, 294(b), 324 and 326 read with 149 IPC.
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B.A.No.3622 of 2016
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B.A.No.3622 of 2016
necessary interrogation, the question whether the accused can be granted regular bail, can well be considered by the learned Magistrate having jurisdiction. In the particular facts and circumstances of the case including the seriousness and gravity of the offence alleged, and also the stage of investigation, I find that this is not a fit case where the discretionary relief of pre-
arrest bail can be granted.
In the result, this application for anticipatory bail
is dismissed.
Sd/P. UBAID, JUDGE
sd
P.A. to Judge
2 issues framed by the court
Whether an application for pre-arrest bail can be granted in a case where investigation is at the preliminary stage and custodial interrogation is necessary.
Whether the allegations of political animosity and obstruction of witnesses justify the refusal of pre-arrest bail.
2 provisions across 2 enactments
P.C.BASHEER
KHALID M.G
ABBAS
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
