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Akhil K.S. Vs State of Kerala — Cheque Dishonour | Kerala HC (2016)

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Akhil K.S. Vs State of KeralaAkhil K.S. v. State of Kerala

Disposed

Akhil K.S. v. State of Kerala

Kerala HC19 Jul 2016Bail Appl./5052/2016

Case brief

AI extract

What is this about?

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What did the court decide?

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What the court decided

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A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

TUESDAY, THE 19TH DAY OF JULY 2016/28TH ASHADHA, 1938

Bail Appl..No. 5052 of 2016 () -------------------------------

CRIME NO.398/2016 OF AROOR POLICE STATION, ALAPPUZHA.

PETITIONERS/ACCUSED NO. 1&2:

1. AKHIL K.S., AGED 21 YEARS, S/O.SHYAMALAN, THIRUTHALI HOUSE, AROOR P.O., CHERTHALA, ALAPPUZHA DISTRICT.

2. SARATH CHANDRAN, AGED 27 YEARS, S/O.SHYAMALAN, VELIMPARAMBIL HOUSE, PALLURUTHY P.O., PERUMPADAPPU, ERNAKULAM DISTRICT.

BY ADV. SRI.B.SIBI

RESPONDENT/COMPLAINANT STATE:

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to grant pre-arrest bail under Section 438 CrPC on apprehension of custodial harassment.

Statutes considered

1 provisions across 1 enactments

AI extract

Criminal Procedure Code438

Parties & counsel

AI extract

petitioner
AKHIL K.S.
petitioner
SARATH CHANDRAN
respondent
STATE OF KERALA

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 19 Jul 2016 · July
Registered: 4 Jul 2016
Case no.: Bail Appl./5052/2016

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Cite this judgement

Akhil K.S. v. State of Kerala, Bail Appl./5052/2016 (KL), decided on 19 July 2016.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Criminal Procedure Code438

View all statutes

Bench / Coram

P. UBAID

Parties & counsel

Outcome

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Issue for consideration

Whether to grant pre-arrest bail under Section 438 CrPC on apprehension of custodial harassment.

Detailed headnote1 paragraphs

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A compact analysis

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.

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING [SUB INSPECTOR OF POLICE, AROOR POLICE STATION] CHERTHALA, ALAPPUZHA-682031.

BY PUBLIC PROSECUTOR SMT.REMA.R

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

P.UBAID, J.

~~~~~~~~~~

B.A No.5052 of 2016

~~~~~~~~~~~

Dated this the 19^th July, 2016

O R D E R

The petitioners herein seek 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.398 of 2016 of the Aroor Police Station registered under Sections 143, 147, 148, 149, 323, 324 and 452 I.P.C.

The main offences alleged against them are bailable under the law. They apprehend remand to judicial custody in case of surrender before the learned Magistrate. The main offences are bailable. What is punishable under Section 452 I.P.C is house trespass with preparation to cause hurt. Mere house trespass with intention to cause hurt will come only under Section 451 I.P.C which is bailable under the law. The learned Magistrate having jurisdiction will have to examine the case records and see whether this is in fact a case of house trespass with preparation to cause hurt, or only a case of house trespass with intention to

B.A No.5052 of 2016

2

cause hurt. The petitioners will have to surrender before the learned Magistrate and make application for regular bail. Giving them liberty to approach the learned Magistrate for

regular bail, this application is disposed of.

P.UBAID JUDGE

ma

/True copy/

P.S to Judge

P. UBAID

CNR

KLHC010052332016

Topic

Cheque Dishonour

Bench

Disposal

DISPOSED OF

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