Bail application for pre-arrest bail in a criminal case involving assault and grievous injury was dismissed. The court held that custodial interrogation is necessary, witnesses could be influenced, and the case is not a fit case for discretionary bail.
Petitioner's request for pre-arrest bail denied; application 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 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938
Bail Appl..No. 4179 of 2016
CRIME NO. 348/2016 OF KUNDARA POLICE STATION , KOLLAM
PETITIONER(S)/ACCUSED :
BIJU,
AGED 43 YEARS, S/O.NANAPPAN, RESIDING AT PULLANKATTIL KIZHAKKATHIL VEEDU, CHEMMAKAD P.O, PANAYAM, KOLLAM DISTRICT.
BY ADV. SRI.AJEESH S.BRITE
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA, THROUGH STATION HOUSE OFFICER, KUNDARA POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
P.UBAID, J.
============================
B.A.No.4179 of 2016
============================ Dated this the 14th day of June, 2016
ORDER
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.348 of 2016 of the Kundara Police Station registered under Sections 452, 324, 326 and 427 read with Section 34 of the Indian Penal Code. He is the second accused.
B.A.No.4179 of 2016 2
I find that custodial interrogation of the petitioner is necessary in this case as part of investigation. The police will have to collect some materials concerning him by interrogation.
B.A.No.4179 of 2016 3
petitioner so opts, he can surrender before the investigating officer or before the learned Magistrate having jurisdiction. After necessary interrogation, the request for 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.
anticipatory bail is dismissed.
Sd/-
P.UBAID, JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
Whether pre-arrest bail can be granted to the second accused who faces charges of assault causing grievous injury.
Whether custodial interrogation of the petitioner is necessary for the investigation.
Whether granting bail would influence or intimidate witnesses.
2 provisions across 2 enactments
BIJU
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
