Disposed

Shahul Hameed.C.a v. State of Kerala

Kerala HC29 Jun 2016Bail Appl./4160/2016

Case brief

AI extract

What is this about?

This order deals with a pre-arrest bail application filed by two accused in Crime No. 265/2016 concerning damage to a police jeep during Kerala Legislative Assembly elections. The High Court rejected immediate release under Section 438 CrPC, directing surrender for interrogation to complete the investigation. Police release remains pending after interrogation.

What did the court decide?

Petitioners directed to surrender to Investigating Officer for interrogation; promise of consideration for regular bail after investigation stage.

Shahul Hameed.C.a Vs State of Kerala — Election Law | 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 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938

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Bail Appl..No. 4160 of 2016 () -------------------------------

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CRIME NO. 265/2016 OF KUMBLA POLICE STATION , KASARGOD

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PETITIONER(S)/ACCUSED NOS 3 & 4:

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1. SHAHUL HAMEED.C.A, AGED 28 YEARS, S/O ABDUL RAHIMAN.C.H, 3/424, RAHMATH MANZIL, KANDAL, PUTHIGE PANCHAYATH, BADOOR P.O, KASARAGOD 671 321

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2. ABDUL KABEER, AGED 33 YEARS, S/O ABDULRAHIMAN, 82(7/82)7, SENI, ANMAKAJE GRAMA PANCHAYATH, KASARAGOD 671 321

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BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR

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RESPONDENT(S)/COMPLAINANT:

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STATE OF KERALA,

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(REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMBALA POLICE STATION- CR NO 265/2016 OF KIMBALA POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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BY PUBLIC PROSECUTOR SMT. REMA R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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- - - - B.A.No. 4160 of 2016

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- - - - Dated this the 29^th day of June, 2016

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ORDER

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The petitioners herein seek pre-arrest bail under

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Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No. 265 of 2016 of the Kumbala Police Station, registered under Sections 143, 145, 148, 283, 427 read with Section 149 of the Indian Penal Code, and Section 3(1) of the Prevention of Damage to Public Property Act, 1984. The petitioners are the accused Nos. 3 and 4.

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The alleged incident happened in connection with the declaration of results of the election to the Kerala Legislative Assembly, on 19.5.2016. Various political factions took law into their own hands at different places in connection with the celebrations. This crime relates to one such acts of atrocity wherein, a police jeep was damaged.

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B.A.No. 4160 of 2016

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-2-

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

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On hearing both sides, and on a perusal of the materials including the case diary I find that the petitioners cannot be immediately released under Section 438 of the Code of Criminal Procedure. In the nature of allegations, and also the materials required for a prosecution, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer for necessary interrogation. Without such interrogation for the collection of materials concerning their exact identity, their involvement in the alleged incident etc., investigation cannot be completed.

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B.A.No. 4160 of 2016

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-3-

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In the result, this application for bail is disposed of

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as follows:

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a) The petitioners will surrender before

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the investigating officer between 9.00 a.m. and 10.00 a.m. on any day within two weeks days from this date for the purpose of interrogation as part of investigation.

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

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c) In case application for regular bail is filed by the petitioners, 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.A. to Judge

B.A.No. 4160 of 2016

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-4-

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“Crime No.265 of 2016” occurring in the third line of first paragraph of the final order dated 29.06.2016 in B.A.No. 4160/2016 is corrected and substituted as “Crime No. 266/2016” as per order dated 25.07.2016 in Crl.M.A.No. 7210/2016 in B.A.No. 4160/2016.

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Sd/Registrar (Judicial)

Shahul Hameed.C.a v. State of Kerala

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Shahul Hameed.C.a v. State of Kerala

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