On pre-arrest bail application under Section 438 CrPC in a cheating case, the High Court of Kerala directed the petitioner to surrender for interrogation by the investigating officer before the bail request could be considered by the Magistrate.
Petitioner to surrender to IO for interrogation within seven days; bail to be decided by Magistrate thereafter.
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
THURSDAY, THE 22ND DAY OF SEPTEMBER 2016/31ST BHADRA, 1938
Bail Appl..No. 5049 of 2016
CRIME NO. 264/2005 OF SHORNUR POLICE STATION, PALAKKAD
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PETITIONER/ACCUSED:
SIDHIKUL AKBAR, AGED 29 YEARS,S/O MUHAMMED, PULIKKAL,KOZHIKKATTRIPALAM, NJANGATTIR,THRITHALA, PALAKKAD DISTRICT.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
The “Crime NO.264/2005 of shornur police station” occurring in the cause title of order dated 22-09-2016 is corrected and submitted as “crime NO.264/2016 of shornur police station” as per order dated 25-10-2016 in Crl.M.A.NO.9826/2016 in B.A.NO.5049/2016.
SD/-
Assistant Registrar
P. UBAID, J
B.A.No.5049 of 2016
Dated this the 22nd 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.264/2015 of the Shornur Police Station, registered under Section 420 IPC. He is the sole accused in the crime.
In the result, this petition is disposed of as follows:
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B.A.No.5049 of 2016
a) The petitioner shall surrender before the investigating officer, between 9 am and 10 am on any
day within seven days from this date for necessary interrogation.
b) After interrogation, the investigating officer will produce the petitioner before the learned Magistrate 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
“Crime No.264/2016” occurring in the 3rd line of 1st paragraph of the order dated 22.09.2016 in B.A.No.5049/2016 is corrected and substituted as “Crime No.264/2016”, vide order dated 25.10.2016 in Crl.M.A.No.9826/2016 in B.A.No.5049/2016.
Sd/-
Registrar (Judicial)
2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted on apprehension of arrest.
Whether the petitioner should be directed to surrender for interrogation before bail consideration.
1 provisions across 1 enactments
Sidhikul Akbar
State of Kerala
P. Ubaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
