Abdulla Kunhi v. the State of Kerala
Case brief
What is this about?
The Kerala High Court deferred pre-arrest bail under Section 438 CrPC filed by three accused facing assault charges. The court directed surrender for police interrogation, to be followed by bail consideration before the Magistrate.
What did the court decide?
Petitioners directed to surrender for interrogation; Application disposed of pending interrogation.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 1938
Bail Appl..No. 6222 of 2016
CRIME NO. 313/2016 OF VIDYANAGAR POLICE STATION, KASARAGOD
PETITIONER(S)/ACCUSED 1-3:
1. ABDULLA KUNHI, AGED 62 YEARS, S/O. UMMER, RESIDING AT PANALAM, CHENGALA VILLAGE AND POST, KASARAGOD DISTRICT.
2. MOHAMMED SAHID A.M., S/O. ABDULLA KUNHI, AGED 36 YEARS, RESIDING AT PANALAM, CHENGALA VILLAGE AND POST, KASARAGOD DISTRICT.
3. HAKKEEM, S/O. ABDULLA KUNHI, AGED 34 YEARS, RESIDING AT PANALAM, CHENGALA VILLAGE AND POST, KASARAGOD DISTRICT.
BY ADVS.SRI.T.MADHU
Issues for consideration
1 issue framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted when custodial interrogation is deems necessary for investigation.
Parties & counsel
- petitioner
ABDULLA KUNHI
- petitioner
MOHAMMED SAHID A.M.
- petitioner
HAKKEEM
- respondent
THE STATE OF KERALA
Coram
Case details
As recorded by the court registry
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