On September 23, 2016, this Court disposed of a bail application filed by Fazil, the 9th accused in a criminal case. The Court dismissed the plea for anticipatory bail, observing that the major offences alleged were bailable and the apprehension of arrest was not justified on facts.
The bail application was disposed of by denying the plea for anticipatory bail.
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
FRIDAY, THE 23RD DAY OF SEPTEMBER 2016/1ST ASWINA, 1938
Bail Appl.No. 6629 of 2016
CRIME NO. 830/2016 OF NJARAKKAL POLICE STATION, ERNAKULAM
PETITIONER(S)/9TH ACCUSED. :
FAZIL,
S/O. AZEES, AGED 21 YEARS, PALLIPARAMBIL HOUSE, SOUTH PUTHUVYPU, VYPEEN- 682 508.
BY ADV. SRI.DENIZEN KOMATH
RESPONDENT(S)/COMPLAINANT.:
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
P. UBAID, J
B.A.No.6629 of 2016
Dated this the 23rd day of September, 2016
O R D E R
The petitioner herein is the 9th accused in Crime No.830/2016 of the Njarakkal Police Station, registered under Sections 143, 147, 148, 452, 294(b), 506(ii) and 427 IPC read with 149 IPC. He seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police. The major offences alleged against him are bailable under the law. He can very well approach the learned Magistrate having jurisdiction and seek regular bail. But he apprehends remand to judicial custody, in view of the allegation under Section 452 IPC. What is punishable under Section 452 IPC is house trespass with preparation to cause hurt. There is no such factual situation in this case. House trespass with intention to commit an offence, or even to cause hurt, will come only under Section 451 IPC, which is bailable under the law. So, the petitioner can very well approach the learned Magistrate having jurisdiction and seek regular bail.
Giving him such liberty, this application is disposed of.
Sd/-
P.UBAID, JUDGE
sd
// True Copy //
P.A. to Judge
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 CrPC given the allegations under Section 452 IPC.
Whether the allegations against the petitioner meet the criteria for committing him to judicial custody.
FAZIL
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
