Disposed

Rameez Sainulabdeen @ Abu v. State of Kerala

Kerala HC27 Sept 2016Bail Appl./6264/2016

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a pre-arrest bail application under CrPC Sec. 438. While noting insufficient serious injury evidence against Sec. 308 IPC, the Court did not grant bail. Instead, it directed petitioners to surrender within seven days for interrogation by the investigating officer, ensuring subsequent production before the Magistrate. Regular bail applications to be considered there

What did the court decide?

Directed petitioners to surrender for interrogation within seven days; Magistrate to consider regular bail application on the same day.

Rameez Sainulabdeen @ Abu Vs State of Kerala — 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 27TH DAY OF SEPTEMBER 2016/5TH ASWINA, 1938

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Bail Appl..No. 6264 of 2016

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CRIME NO. 1526/2016 OF PUNALUR POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED NO. 2 & 3:

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1. RAMEEZ SAINULABDEEN @ ABU, AGED 29 YEARS, S/O SAINULABDEEN, KUTTIKKATTIL PUTHENVEEDU, CHOWKA ROAD, PUNALUR.

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2. SIDDIQUE,

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AGED 24 YEARS, S/O. SALAHUDEEN, SADIQ MANZIL, EDATHARA VEEDU, PAPERMILL P.O., PUNALUR.

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BY ADVS.SRI.S.RAJEEV

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SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE

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RESPONDENT(S)/STATE/COMPLAINANT:

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1. STATE OF KERALA,

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO. 1526/2016 OF PUNALUR POLICE STATION, KOLLAM DISTRICT).

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2. STATION HOUSE OFFICER, PUNALUR POLICE STATION, KOLLAM DISTRICT-691305 (CRIME NO. 1526/2016 OF PUNALUR POLICE STATION, KOLLAM DISTRICT).

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BY PUBLIC PROSECUTOR SRI SAJJU.S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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k.v.

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P.UBAID, J.

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============================ B.A.No.6264 of 2016

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============================ Dated this the 27^th day of September, 2016

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ORDER

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The petitioners herein seek 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.1526 of 2016 of the Punalur Police Station, registered under Sections 427, 324 and 308 read with Section 34 of the Indian Penal Code, and under Section 5 read with Section 27(1) of the Arms Act. They are the accused Nos.2 and 3 in this crime.

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The prosecution case is that at about 10.00p.m. On 31.07.2016 these petitioners and the first accused assaulted the defacto complainant and his friends,

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and inflicted injuries on their body with weapon, with the knowledge of consequence that the injuries may cause death. It is submitted that the first accused was arrested

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during investigation, and he is now on regular bail. It is

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B.A.No.6264 of 2016 2

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submitted by the learned counsel that the allegation under Section 308 IPC is baseless, and that what is revealed at the most is, an instance of simple assault under Section 324 IPC. These aspects will have to be examined by the court below. Ofcourse, I do not find, on a perusal of the wound certificate, that any of the victims had sustained any serious injury in the alleged incident. In the nature of the allegations, I feel it appropriate to direct the petitioners to surrender before the Investigating Officer for necessary interrogation. The learned Magistrate will examine the case records, and see whether the required elements are there for a prosecution under Section 308 IPC.

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

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a) The petitioners will surrender before

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

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b) After necessary interrogation, the

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B.A.No.6264 of 2016 3

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investigating officer will produce the petitioners before the learned Magistrate having jurisdiction

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before 4 p.m. on the same day.

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c) In case application for regular bail is

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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

Rameez Sainulabdeen @ Abu v. State of Kerala

Case brief

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Rameez Sainulabdeen @ Abu v. State of Kerala

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