The High Court refused pre-arrest bail to the accused in a case involving assault causing serious injury. The Court directed surrender within fifteen days for interrogation before considering bail further.
Petitioner directed to surrender within 15 days for interrogation; bail request to be considered by Magistrate thereafter.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938
Bail Appl..No. 4918 of 2016
CRIME NO. 830/2016 OF NORTH POLICE STATION, ALAPPUZHA
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PETITIONER/ACCUSED:
SEBIN PHILIP, AGED 30 YEARS, S/O. DEVASSIA PHILIP, KAYYAL PARAMBIL HOUSE, THATHAMPALLY P.O.
BY ADV. SRI.P.SHANES METHAR
RESPONDENT:
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682 031
BY PUBLIC PROSECUTOR SRI SAJJEI.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
P. UBAID, J
B.A.No.4918 of 2016
Dated this the 6th day of September, 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 in connection with Crime No.830/2016 of the Alappuzha North Police Station, registered under Sections 324, 326 and 308 IPC. He is the sole accused in the crime.
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B.A.No.4918 of 2016
Though, things are to an extent doubtful as regards the essentials of the offence under Section 308 IPC, there is a clear case under Section 326 IPC here. In the nature of the allegations, I feel it appropriate to direct the petitioner to surrender before the investigating officer. He will have to be interrogated for the collection of some materials concerning the actual motive for the alleged incident, the nature of the weapon used, etc. I am not inclined to release the petitioner immediately under Section 438 Cr.P.C. One of the victims had sustained serious injuries in the alleged incident. When a clear case under Section 326 is made out by the prosecution records, it will be inappropriate to release him immediately under Section 438 Cr.P.C. After interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction.
In the result, this petition is disposed of as follows:
a) The petitioner shall surrender before the investigating officer, between 9 am and 10 am on any day within fifteen days from this date for necessary interrogation.
b) After interrogation, the investigating officer will produce the petitioner before the learned Magistrate
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having jurisdiction, before 4 pm on the same day.
c) In case application for regular bail is filed, the
same shall be judiciously considered and decided by the learned Magistrate on the same day.
Sd/P.UBAID, JUDGE
sd
// True Copy // P.A. to Judge
1 issue framed by the court
Whether to grant pre-arrest bail under Section 438 Cr.P.C. given serious injuries to victims.
2 provisions across 2 enactments
SEBIN PHILIP
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
