The High Court disposed of a pre-arrest bail application. Instead of immediate bail, the Court directed the petitioners to surrender within seven days for interrogation to establish the nature of the offence before the Magistrate decides on bail.
Petitioners directed to surrender between 9 am and 10 am within seven days for interrogation.
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 25TH DAY OF AUGUST 2016/3RD BHADRA, 1938
Bail Appl..No. 5347 of 2016 ()
CRIME NO.465/2016 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT.
PETITIONER(S)/ACCUSED:
1. MOHAMMED NOUFAL, S/O.MUHAMMEDALI, AGED 26 YEARS, PALAKKAL HOUSE, PODEKKAD, ANAMANGAD, ALIPARAMBA, MALAPPIRAM DISTRICT.
2. MOHAMMED SHABEER ANSARI, S/O.ABOOKCAKER, AGED 29 YEARS, MACHIRIKKOTTIL HOUSE, PONNIYAKURISSI, PERINTHALMANNA, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENT(S)/STATE & COMPLAINANT:
BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P. UBAID, J
B.A.No.5347 of 2016
Dated this the 25th day of August, 2016
The petitioners herein seek pre-arrest bail under Section
438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.465/2016 of the Perinthalmanna Police Station, registered under Sections 269 IPC, 120(e) of the Kerala Police Act, and under Section 24(1) read with Section 43 of the Water (Prevention and Control of Pollution) Act, 1974 (for short, 'the Act'). The offence alleged under Section 24(1) of the Act is non-bailable.
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appropriate to direct the petitioners to surrender before the investigating officer for necessary interrogation. Their interrogation for the collection of materials concerning the nature of the substances, the different instances where such materials were deposited by the petitioners, the role and complicity of each of the accused, etc., is felt necessary. After such interrogation, appropriate orders on the request for bail can be passed by the learned Magistrate. If detention of the petitioners in custody is not required in the particular facts and circumstances, the petitioners can be granted bail on appropriate conditions.
In the result, this petition is disposed of as follows:
a) The petitioners 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 petitioners 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
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the learned Magistrate on the same day.
Sd/-
P.UBAID, JUDGE
sd
// True Copy // P.A. to Judge
2 issues framed by the court
Whether to grant pre-arrest bail in connection with allegations of dumping toilet waste violative of environmental laws.
Whether the petitioners should be directed to surrender for interrogation before seeking bail from the Magistrate.
3 provisions across 3 enactments
MOHAMMED NOUFAL
MOHAMMED SHABEER ANSARI
THE STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
