Disposed

Suresh v. State of Kerala

Kerala HC5 Sept 2016Bail Appl./5833/2016

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a pre-arrest bail application under Section 438 CrPC by refusing bail and directing the accused to surrender for police interrogation before a Magistrate to collect materials regarding role, motive, and counter-case injuries.

What did the court decide?

Directions to surrender for interrogation and to produce before the Magistrate for regular bail consideration.

Suresh Vs State of Kerala — Bail and Remand | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

MONDAY, THE 5TH DAY OF SEPTEMBER 2016/14TH BHADRA, 1938

¶5

Bail Appl..No. 5833 of 2016 ()

¶6

CRIME NO. 1279/2016 OF PARASSALA POLICE STATION.

¶7

PETITIONERS/ACCUSED 1 & 2:

¶8

1. SURESH, AGED 22 YEARS, S/O. GOPALAN ASSARI, SUBASH BHAVAN, CHARUVILA VEEDU, MARIYAPURAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

¶9

2. SUMESH, AGED 26 YEARS,

¶10

S/O. GOPALAN ASSARI, SUBASH BHAVAN, CHARUVILA VEEDU, MARIYAPURAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

¶11

BY ADV. SRI.R.GOPAN.

¶12

RESPONDENTS/COMPLAINANTS:

¶13

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

¶14

2. THE SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001.

¶15

BY PUBLIC PROSECUTOR SRI.AJITH MURALI.

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

rs.

¶18

P.UBAID, J.

¶19

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

¶20

B.A.No.5833 of 2016

¶21

============================ Dated this the 5^th day of September, 2016

¶22

ORDER

¶23

The petitioners herein seek pre arrest bail under

¶24

Section 438 of the Code of Criminal Procedure on the

¶25

apprehension of arrest in connection with Crime No.1279 of 2016 of the Parassala Police Station, registered under Sections 341, 323, 324, 326 and 34 of the Indian Penal Code. They are the accused Nos.1 and 2 in the crime.

¶26

The prosecution case is that at about 12.30 p.m. on 01.07.2016 these petitioners and another person assaulted the defacto complainant, and inflicted simple and grievous injuries on his body with weapon in connection with some previous enmity. On a perusal of the materials including the wound certificate in the name of the complainant, I find that he had sustained fracture of the tip of his right acromium besides other simple injuries. In the

¶27

B.A.No.5833 of 2016 2

¶28

nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer for necessary interrogation. It is submitted that the police has registered a counter case against the defacto complainant. Annexure-C is copy of the FIR in the said Crime No.1282 of 2016 registered under Sections 294(b),323, 324 and 341 IPC. Interrogation of the petitioners for the collection of some materials concerning the role and complicity of each of the accused, the actual motive for the alleged incident, the nature of the weapon used, the details of the counter case including the injury sustained by the accused, etc; is felt necessary. On a consideration of all the relevant aspects including the injury sustained on the other side, appropriate decision can be taken on the request for bail by the learned Magistrate.

¶29

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

¶30

a) The petitioners will surrender before

¶31

the investigating officer between 9 a.m. and 10 a.m.

¶32

B.A.No.5833 of 2016 3

¶33

on any day within fifteen days from this date for the purpose of interrogation as part of investigation.

¶34

b) After necessary interrogation, the

¶35

investigating officer will produce the petitioners before the learned Magistrate having jurisdiction before 4 p.m. on the same day.

¶36

c) In case application for regular bail is

¶37

filed by the petitioners, the same shall be judiciously considered and decided on the same day by the learned Magistrate.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vineeth Vs State of Kerala

Rajeevan T.K. Vs State of Kerala

Kannan Vs State of Kerala

Sivadasan Vs State of Kerala

Ansar Vs State of Kerala

Sajeesh Vs State of Kerala