Disposed

Feni Azees v. Station House Officer

Kerala HC6 Sept 2016Bail Appl./569/2016

Case brief

AI extract

What is this about?

In this bail application filed under Section 438 CrPC, the High Court of Kerala directed the petitioner to surrender before the investigating officer for interrogation rather than granting pre-arrest bail. The petitioner must approach the Magistrate for regular bail after interrogation.

What did the court decide?

Petitioner directed to surrender before the investigating officer for interrogation; bail application disposed without granting pre-arrest bail.

Feni Azees Vs Station House Officer — Bail and Remand | 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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TUESDAY, THE 6TH DAY OF SEPTEMBER 2016/15TH BHADRA, 1938

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Bail Appl..No. 569 of 2016 ()

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CRIME NO. 1036/2015 OF ADIMALY POLICE STATION, IDUKKI DISTRICT

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PETITIONER/ACCUSED NO.7:

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FENI AZEES, AGED 34 YEARS, S/O. AZEES M.S, MADATHIL HOUSE, THOTTUMUGHAM P.O., ALUVA - 683 105.

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BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. SRI.T.P.ABDUL HAMEED

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RESPONDENT(S)/COMPLAINANTS:

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1. STATION HOUSE OFFICER, ADIMALY POLICE STATION, ADIMALY,

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IDUKKI DISTRICT - 685 561.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKLAM - 682 031.

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.UBAID, J.

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

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B.A.No.569 of 2016

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============================ Dated this the 6^th day of September, 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.1036 of 2015 of the Adimaly Police Station, registered under Sections 143, 147, 148, 120(B), 452, 506(ii), 421 and 386 read with Section 149 of the Indian Penal Code, and Section 3(a) of the Explosive Substances Act. He is the 7^th accused in the crime.

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In the nature of the allegations in the

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complaint and the materials so far collected by the police, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. It is submitted by the learned Public Prosecutor that the petitioner is involved in so many crimes, and that he is in

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B.A.No.569 of 2016 2

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fact a quotation leader involving in such illegal activities. Let him approach the learned Magistrate having jurisdiction and seek regular bail. His interrogation for the collection of some materials concerning the actual role and complicity of the different accused, the nature of the mischief committed, the extent of the damage caused, the nature of the weapons or machinery used in the alleged incident, etc; is felt necessary. After such interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction.

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In the result, this application for bail is disposed of as follows;

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a) The petitioner will surrender before

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the investigating officer between 9 a.m. and 10 a.m. on any day within fifteen days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction before 4 p.m. on the same day.

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B.A.No.569 of 2016 3

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c) In case application for regular bail is

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filed by the petitioner, the same shall be judiciously

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considered and decided on the same day by the learned Magistrate.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Feni Azees v. Station House Officer

Case brief

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Feni Azees v. Station House Officer

Case brief

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