Petitioner, 1st accused pre-arrest bail application under Sections 324, 323, 341, 452 and 34 IPC. Court held offences bailable; directed petitioner to approach lower court for regular bail; disposed of application. [42 words]
Petitioner given liberty to approach court below for regular bail; application disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 2ND DAY OF SEPTEMBER 2016/11TH BHADRA, 1938
Bail Appl..No. 5244 of 2016 ()
CRIME NO. 1811/2016 OF THIRUVALLA POLICE STATION, PATHANAMTITTA DISTRICT
PETITIONER(S)/1ST ACCUSED :
KANNAN, AGED 28 YEARS, VATTAMANNIL HOUSE, PERUMTHURUTHY, THIRUVALLA.
BY ADVS.SRI.T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
RESPONDENT(S)/COMPLAINANTS :
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SUB INSPECTOR OF POLICE
BY PUBLIC PROSECUTOR SRI. SAJJU. S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
P. UBAID, J.
= = = = = = = = = = = = = = = = = B.A. No. 5244 of 2016
- - - - - - -- - - - - - - - - - - - - - Dated this the 2nd day of September, 2016
O R D E R
The petitioner herein is the 1st accused in Crime No.1181/2016 of the Thiruvalla Police Station, registered under Sections 324, 323, 341 and 452 and 34 of the Indian Penal Code (hereinafter referred to as 'IPC'). He seeks pre-arrest bail on the apprehension of arrest by the police.
petitioner and the others are bailable under the law. So, the petitioner can very well approach the court below and seek regular bail. He apprehends remand to judicial custody in view of the allegation under Section 452 IPC. The court below shall 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 cause hurt, which will come only under
B.A. No. 5244 of 2016
-: 2 :-
Section 451 IPC, which is bailable under the law. On an application filed by the other accused they were directed by this Court to approach the trial court for regular bail. This petitioner also can approach the learned Magistrate and seek regular bail. The legal aspects regarding the alleged house trespass will be considered by the learned Magistrate.
Thus, giving liberty to the petitioner to approach the court below for regular bail, this application is disposed of.
Sd/- P. UBAID, JUDGE
DST
//True copy//
2 issues framed by the court
Whether to grant pre-arrest bail on the apprehension of arrest by the police.
Whether to direct the petitioner to seek regular bail from the lower court.
1 provisions across 1 enactments
KANNAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
