Disposed

Haneesh v. State of Kerala

Kerala HC6 Aug 2016Bail Appl./5412/2016

Case brief

AI extract

What is this about?

The Court disposed of an application for anticipatory bail. It observed that while the FIR contained charges under non-bailable Section 452 IPC, the actual allegations amounted to the bailable offence under Section 451 IPC. The Court directed that the misuse of Section 452 IPC be communicated to police authorities and granted liberty to the applicant to surrender for regular bail.

What did the court decide?

liberty to surrender before the learned Magistrate having jurisdiction and seek regular bail; anticipatory bail application disposed of.

Haneesh Vs State of Kerala — Anticipatory Bail | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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SATURDAY, THE 6TH DAY OF AUGUST 2016/15TH SRAVANA, 1938

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Bail Appl..No. 5412 of 2016

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CRIME NO. 1004/2016 OF VADANAPPALLY POLICE STATION, THRISSUR

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APPLICANT/ACCUSED:

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------------------

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HANEESH,

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AGED 30 YEARS, S/O. MOHANAN, CHAKKADAN HOUSE, PULIKKAKADAVU, ENGANDIYOOR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR

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RESPONDENT/STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.REMA R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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P.UBAID, J.

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============================

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B.A.No.5412 of 2016

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============================ Dated this the 6^th day of August, 2016

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ORDER

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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.1004 of 2016 of the Vadanappally Police Station, registered under Sections 447, 448, 452, 427, 294(b) and 506(i) of the Indian Penal Code.

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The main offences alleged against the petitioner are bailable under the law. It appears that he seeks pre-arrest bail in view of the allegation under Section 452 IPC which is non-bailable. What is punishable under Section 452 IPC is house trespass with preparation to cause hurt. In this case nobody was injured, and admittedly the petitioner was not armed with any weapon. It is not known how the crime happened to be registered under Section 452 IPC. What is practically

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B.A.No.5412 of 2016 2

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alleged is house trespass with intention to cause hurt, if at all anybody had sustained injuries in the alleged incident. Such allegation will come only under Section 451 IPC which is bailable under the law. This Court has noticed in very many matters that Section 452 IPC is being widely misused by the police. Whenever house trespass is alleged, the police would mechanically register FIR under Section 452 IPC without understanding the allegations in the complaint, or without understanding the difference between Sections 451 and 452 IPC. If this misuse is continued, it will have to be viewed seriously and appropriately dealt with by this Court on the judicial side. The learned Director General of Prosecutions will obtain a copy of this order and forward it to the State Police Chief with instruction to communicate copy to all Station House Officers in the State. When the main offences are bailable, and the offence of house trespass alleged is also bailable practically, the petitioner can very well surrender before the learned Magistrate having jurisdiction, and seek regular bail. Giving him such liberty,

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B.A.No.5412 of 2016

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this application is disposed of.

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Furnish a copy of this order to the learned Public

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Prosecutor for necessary action.

Sd/-

P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Haneesh v. State of Kerala

Case brief

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Haneesh v. State of Kerala

Case brief

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