The court dismissed pre-arrest bail for the 6th accused, directing surrender for investigation due to a pending material array, while granting regular bail for the 2nd accused after custody elapsed.
Pre-arrest bail denied; surrender ordered within seven days for interrogation. Regular bail granted for the 2nd accused.
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
WEDNESDAY, THE 17TH DAY OF AUGUST 2016/26TH SRAVANA, 1938
Bail Appl..No. 5306 of 2016
CRIME NO. 1305/2016 OF KAYAMKULAM POLICE STATION, ALAPPUZHA
PETITIONER/6TH ACCUSED:
RIYAS, AGED:32 YEARS, S/O KUNJUMON, SAMEENA MANZIL, PULLIKANAKKU MURI, KRISHNAPURAM VILLAGE, KAYAMKULAM
BY ADV. SRI.V.S.SHIRAZ BAVA
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SMT REMA.R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2016,ALONG WITH BA NO 5787/2016 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
P. UBAID, J
B.A.Nos.5306 and 5787 of 2016
Dated this the 17th day of August, 2016
O R D E R
The petitioner in B.A.No.5787/2016 is the 2nd accused in
Crime No.1305/2016 of the Kayamkulam Police Station, registered under Sections 143, 147, 148, 149, 341, 324, 326 and 308 IPC read with 149 IPC, and the petitioner in B.A.No.5306/2016 is the 6th accused in the said crime. When the 2nd accused seeks regular bail, the 6th accused seeks prearrest bail. The 2nd accused has been in judicial custody since 24.07.2016. It is submitted that the 5th accused also is in judicial custody. The other accused are yet to be arrested.
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B.A.Nos.5306 and 5787 of 2016
alleged incident, or any injury that may cause death in the ordinary circumstances. However, a clear case under Section 326 IPC is well made out. The victim had sustained fracture with dislocation of his left little finger, in the alleged incident. This will definitely come under Section 326 IPC. As regards the prayer made by the 6th accused, I find that he cannot be immediately released under Section 438 Cr.P.C. His interrogation in custody is required for the collection of some materials concerning the role and complicity of each of the accused, the nature of the weapons used by each of the accused, the nature of the injury sustained, the motive for the alleged incident, etc. The 6th accused will have to surrender before the investigating officer for necessary interrogation. His request for regular bail will appropriately considered by the learned Magistrate having jurisdiction. On a perusal of the materials, I find that definite and clear materials are not there under Section 308 IPC, but there is a clear case under Section 326 IPC. The 2nd accused has been in custody for more than three weeks. He can be released on bail when the police has already collected the required materials as against him. It is made clear that this order will not, in any manner, go to the
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B.A.Nos.5306 and 5787 of 2016
benefit of the others who are yet to be arrested as part of investigation.
In the result, B.A.No.5306/2016 is disposed of, with a direction to the petitioner to surrender before the investigating officer, if he so opts, between 9 am and 10 am on any day within seven days from this date for necessary interrogation. After interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction, before 4 pm on the same day. In case application for regular bail is filed by him, the same shall be judiciously considered and decided by the learned Magistrate having jurisdiction on the same day on merits. The petitioner in B.A.No.5787/2016 will be released on bail on his executing a bond with two solvent sureties for Rs.50,000/-(Rupees Fifty Thousand only) each to the satisfaction of the learned Magistrate having jurisdiction. He is granted bail on condition that,
a) He shall report before the Investigating Officer between 10.00 am to 11 am on all Tuesdays for a period of two months.
b) He shall not leave the jurisdictional limits of Kayamkulam Police Station for two months.
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B.A.Nos.5306 and 5787 of 2016
c) He shall not in any manner influence or intimidate
the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
d) He shall not, in any manner, obstruct the arrest of
the others, who are yet to be arrested.
Sd/P.UBAID, JUDGE
sd // True Copy // P.A. to Judge
2 issues framed by the court
Whether pre-arrest bail can be granted immediately given the need for further investigation into complicity, weaponry, and motive?
Whether the difference between minor and serious injuries affects the bail decision for accused linked to the same case?
3 provisions across 2 enactments
RIYAS
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
