Disposed

Sreekumar G. v. State of Kerala

Kerala HC26 Aug 2016Bail Appl./5876/2016

Case brief

AI extract

What is this about?

This order disposed of a bail application filed to prevent arrest. The court directed the accused to surrender for interrogation before the investigating officer and produce him before the Magistrate for consideration of regular bail.

What did the court decide?

The petitioner was directed to surrender before the investigating officer for interrogation and be produced before the learned Magistrate.

Sreekumar G. 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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FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938

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Bail Appl..No. 5876 of 2016

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CRIME NO. 1298/2016 OF ARANMULA POLICE STATION, PATHANAMTHITTA

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PETITIONER(S)/ACCUSED:

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SREEKUMAR G, AGED 37 YEARS, S/O GOPALAKRISHNAN, THADATHIL HOUSE, KILIYANICKAL, KATTOOR, PATHANAMTHITTA.

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BY ADV. SRI.V.K.SUNIL

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031, (THROUGH THE S.I OF POLICE, PATHANAMTHITTA POLICE STATION).

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BY PUBLIC PROSECUTOR SMT.REMA. R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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============================ B.A.No.5876 of 2016

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============================ Dated this the 26^th day of August, 2016

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ORDER

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The petitioner herein seeks pre arrest bail under

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Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.1298 of 2016 of the Aranmula Police Station, registered under Sections 294(b), 509, 323, 354, 452, 324 and 326 of the Indian Penal Code. He is the sole accused in the crime.

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The victim of offence in this case is a lady aged 72 years, and the petitioner is her next door neighbour. The prosecution case is that at about 5 p.m. on 07.12.2015, the petitioner assaulted the victim, and inflicted

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simple and grievous injuries on her body. A perusal of the material shows that the victim had sustained fracture of her nasal bone besides a contusion over the abdominal wall and

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superficial injury on the head. In the nature of the

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B.A.No.5876 of 2016 2

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allegations, I feel it appropriate to direct the petitioner to surrender before the Investigating Officer for necessary interrogation. It is submitted by the learned counsel that the victim actually sustained the alleged fracture in a fall accidentally, during a scuffle that ensued between the parties in connection with some other dispute. Let those aspects be examined by the learned Magistrate, and let appropriate decision be taken.

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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.

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on any day within ten 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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c) In case application for regular bail is

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B.A.No.5876 of 2016 3

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filed by the petitioner, 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

Sreekumar G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreekumar G. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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