Disposed

Abdul Kabeer v. State of Kerala

Kerala HC6 Aug 2016Bail Appl./4700/2016

Case brief

AI extract

What is this about?

This single judge ordered that the petitioners for pre-arrest bail are not to be immediately released. The court directed them to surrender for custodial interrogation within ten days as part of the investigation, which was deemed necessary before consideration of regular bail.

What did the court decide?

Petitioners directed to surrender for interrogation within ten days; produced before Magistrate on date of arrest thereafter.

Abdul Kabeer 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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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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Bail Appl..No. 4700 of 2016 ()

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CRIME NO. 1978/2015 OF GURUVAYOOR POLICE STATION.

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PETITIONERS/ACCUSED 2 & 3:

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1. ABDUL KABEER, AGED 47 YEARS, S/O. BAPPUTTY, THURAKKAL PARAMBIL HOUSE, KOTTAPADAM, THRITHALA.

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2. ISMAIL, AGED 47 YEARS, S/O. KUNJIMON, ASHARIVALAPPIL HOUSE, PERUMBILAVU, ALTHARA.

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BY ADV. SRI.RAJIT.

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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P.UBAID, J.

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- - - - B.A.No. 4700 of 2016

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- - - - Dated this the 06^th day of August, 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

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apprehension of arrest in connection with Crime No. 1978 of 2015 of the Guruvayur Police Station, registered under Sections 354, 323 and 506(i) read with Section 34 of the Indian Penal Code, and under Section 5(C) of the Immoral Traffic (Prevention) Act. The petitioners are the accused Nos. 2 and 3 in the above crime.

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Sexual exploitation of a lady for monetary gain is the subject matter of this Crime. The first accused is said to be a lady running a brothel. It is alleged that during the period from November, 2014 to November, 2015, the first accused threatened and compelled the victim to submit herself to different persons for sexual abuse, and when she expressed her dislike to continue the said profession, she

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B.A.No. 4700 of 2016

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was brutally assaulted by the said lady and these petitioners, who are also beneficiaries of the said business.

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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. Custodial interrogation of the petitioners is felt necessary for the collection of some materials as part of effective investigation. In the nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer for necessary interrogation. Their interrogation for the collection of some materials concerning

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B.A.No. 4700 of 2016

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the exact circumstance in which the alleged offence was committed, the exact role of these petitioners in the acts of offence alleged against the first accused, involving threat and compulsion against the victim to continue prostitution at the brothel of the first accused, the exact role and complicity of these petitioners in the alleged acts of assault, etc., is felt necessary. Without such interrogation of the petitioners in custody, investigation cannot be completed.

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In the result, this application for bail is disposed of 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 ten 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

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B.A.No. 4700 of 2016

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pm. on the date of arrest itself.

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c) In case application for regular bail is

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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

Abdul Kabeer v. State of Kerala

Case brief

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Abdul Kabeer v. State of Kerala

Case brief

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