The Kerala High Court dismissed an application for pre arrest bail under Section 438 CrPC. The court held that custodial interrogation was necessary for investigation and that the applicant might intimidate witnesses, making it not a fit case for anticipatory bail.
The application for pre arrest bail/anticipatory bail under Section 438 CrPC was dismissed.
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 21ST DAY OF JUNE 2016/31ST JYAISHTA, 1938
Bail Appl..No. 4158 of 2016
CRIME NO. 784/2016 OF KUNNAMKULAM POLICE STATION , THRISSUR DISTRICT
APPLICANT(S)/2ND ACCUSED :
SHAKHIL T.T.,
AGED 25 YEARS, S/O. THILAKAN, THARAKKAL HOUSE, THEKKEPURAM DESOM, KUNNAMKULAM P.O., THRISSUR.
BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR
RESPONDENT(S)/STATE :
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT. REMA.R
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
P.UBAID, J. --------------------------------------B.A No.4158 of 2016
---------------------------------------
Dated this the 21st day of June, 2016
O R D E R
The petitioner herein seeks 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.784/2016 of the Kunnamkulam Police Station, registered under Sections 341, 323, 324, 326 and 308 IPC.
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B.A No.4158 of 2016
aspect of left arm, and also a unicortical fracture of left humerus.
for regular bail can well 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
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B.A No.4158 of 2016
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
//True Copy//
P.A to Judge
ab
2 issues framed by the court
Whether pre arrest bail can be granted under Section 438 CrPC in a case involving Section 326 IPC where investigation is at the preliminary stage and custodial interrogation is necessary.
Whether the applicant will influence or intimidate witnesses if granted pre arrest bail in the given facts and circumstances.
2 provisions across 2 enactments
SHAKHIL T.T.
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
