Pre-arrest bail application in connection with an FIR alleging hurt and grievous hurt. Court noted investigation was concluded and directed petitioner to approach the committal court for regular bail.
Granted liberty to approach the court below for regular bail; this Bail Application is disposed of.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938
Bail Appl..No. 5587 of 2016 ()
------------------------------CRIME NO. 65/2016 OF TIRUR POLICE STATION , MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
SIDIQUE.V., S/O.MOIDEENKUTTY, PETTIKKATTIL HOUSE, CHAMRAVATTAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P. UBAID, J.
= = = = = = = = = = = = = = = = = B.A. No. 5587 of 2016
- - - - - - -- - - - - - - - - - - - - - Dated this the 10th day of August, 2016
O R D E R
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.65 of 2016 of Tirur Police Station, registered under Sections 341, 323 and 308 of the Indian Penal Code.
it must be now before the committal court. In the present circumstances, the petitioner has to approach the court below and make application for regular bail.
B.A. No. 5587 of 2016
wound certificate, I find that Section 308 IPC was incorporated in the the First Information Report on the basis of some hypothetical statement. The wound certificate shows that the complainant had only some complaints of pain and had no external injury on his body. Let such factual aspects be gone into by the court below when application for regular bail comes.
Thus, giving liberty to the petitioner to approach the court below for regular bail, this Bail Application is disposed of.
Sd/-
P. UBAID, JUDGE
DST
//True copy//
1 issue framed by the court
Whether to grant pre-arrest bail in connection with an FIR under sections 341, 323, and 308 of the IPC.
2 provisions across 2 enactments
SIDIQUE.V.
THE STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
