Allowed

Mohammed Hadil v. Sub Inspector of Police

Kerala HC14 Jul 2016Bail Appl./4857/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to the petitioner, a sixth accused in an assault case under IPC sections 143, 147, 308. The court held that since other accused were in custody and the weapon was recovered, custodial interrogation was unnecessary, allowing bail subject to reporting and non-interference conditions.

What did the court decide?

Petitioner ordered to be released on bail with two sureties of ₹40,000 each, subject to reporting to the Investigating Officer and not leaving Chalakudy police limits.

Mohammed Hadil Vs Sub Inspector of Police — 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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THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938

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Bail Appl..No. 4857 of 2016 () -------------------------------

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CRIME NO. 1256/2016 OF CHALAKKUDY POLICE STATION , TRISSUR

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PETITIONER(S)/6TH ACCUSED:

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MOHAMMED HADIL

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AGED 21 YEARS, S/O. SHAJAHAN, KARUPANVEETIL HOUSE, CHOWKA DESOM, P.O.ELANJIPRA, THRISSUR DISTRICT.

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BY ADVS.SRI.M.H.HANIL KUMAR

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SMT.M.R.JAYALATHA SRI.M.R.DHANIL SMT.P.SREESHA

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RESPONDENT(S)/COMPLAINANT/STATE:

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1. SUB INSPECTOR OF POLICE CHALAKUDY POLICE STATION, THRISSUR DISTRICT.

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2. CIRCLE INSPECTOR OF POLICE CHALAKUDY POLICE STATION, THRISSUR DISTRICT.

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

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BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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- - - - B.A.No. 4857 of 2016

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- - - - Dated this the 14^th day of July, 2016

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ORDER

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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. 1256 of 2016 of the Chalakudy Police Station, registered under Sections 143, 147, 148, 323, 324 and 308 of the Indian Penal Code. The petitioner is the sixth accused in the above crime.

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The prosecution case is that at about 8.00 p.m. on 18.6.2016, the petitioner and his co-accused assaulted the defacto complainant and his brother, and inflicted injuries on their body with weapons, with the knowledge of consequence that the injuries may cause death.

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This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that

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B.A.No. 4857 of 2016

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investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.

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On a perusal of the case diary including the wound certificate, I find that the complainant and his brother had not sustained any serious injury in the alleged incident. It appears that Section 308 of IPC was incorporated on the basis of some hypothetical statement. It is submitted that the accused Nos. 1, 2, 4 and 5 were arrested by the Police during investigation, and the accused Nos. 2, 4 and 5 were later released on bail by the Court of Session. The First accused is in judicial custody. The person arraigned as the third accused is a juvenile. In the nature of the allegations, and also the required materials for a prosecution, I find that custodial interrogation of the petitioner is not required. The main accused is already arrested by the Police, and the

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B.A.No. 4857 of 2016

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weapon has been recovered. In such a situation, I find that the petitioner can be granted pre-arrest bail.

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In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 40,000/-₹ (Rupees Fourty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 1256 of 2016 of the Chalakudy Police Station. Bail is granted on condition that;

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a) The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Thursdays for a period of two months.

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b) The petitioner shall not leave the limits of Chalakudy Police Station for a period of two months.

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c) The petitioner shall not in any manner influence or intimidate the material

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B.A.No. 4857 of 2016

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witnesses, or he shall not have any contact with the material witnesses directly or over telephone or otherwise.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Mohammed Hadil v. Sub Inspector of Police

Case brief

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Mohammed Hadil v. Sub Inspector of Police

Case brief

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