The High Court allowed regular bail to the 9th accused after collection of investigation material but denied pre-arrest bail to others, directing them to surrender for interrogation by the investigating officer.
B.A. No. 6796 of 2016 allowed for release on bond with sureties; B.A. No. 6781 of 2016 disposed of with direction to surrender for interrogation.
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
TUESDAY, THE 27TH DAY OF SEPTEMBER 2016/5TH ASWINA, 1938
Bail Appl..No. 6781 of 2016 ()
CRIME NO. 431/2016 OF BEKAL POLICE STATION, KASARGOD DISTRICT
PETITIONER(S)/ACCUSED NOS.1,2,4,5 TO 10 :
1. FAIZAL, AGED 28 YEARS,
S/O ABDULLA, FAIZAL MANZIL HOUSE, KUNNAMKULAM P.O. BEKAL, KASARAGOD DIST.
2. MUHAMMED JAFFAR.K.,AGED 28 YEARS,
S/O ABDULKHADER,KUNNAMKULAM,
P.O.BEKAL,KASARAGOD DIST.
3. BABU.P., AGED 29 YEARS,
S/O NARAYANAN, BALAKKAD HOUSE,
BEKAL P.O. ARATTUKADAVU, KASARAGOD DIST.
4. SWARAG.T.V., AGED 25 YEARS,
S/O GANGADHARAN,
SANGEETRHA NIVAS, BEKAL P.O.KASARAGOD DIST.
5. DINESHAN, AGED 42 YEARS, S/O KANNAN, BALAKKAL HOUSE, EROLE, BAR P.O. KASARAGOD DIST.
BY ADV. SRI.S.VISHNU (TRIPUNITHURA)
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA REP. BY THE S.H.O. BEKAL POLICE, (CRIME 431/16) REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-09-2016 ALONG WITH BA NO. 6796/2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
P.UBAID, J.
============================ B.A.Nos.6781 & 6796 of 2016
============================ Dated this the 27th day of September, 2016
ORDER
The petitioner in B.A.No.6796 of 2016 is the 9th
accused in Crime No.431 of 2016 of the Bekal Police Station, registered under Sections 143, 147, 148, 341, 323, 324, 326, 294(b), 427, 506(i) and 395 read with Section 149 of the Indian Penal Code, and the petitioners in B.A.No.6781 of 2016 are the accused Nos.1, 2, 4 and 5 to 10 in the said crime. When the 9th accused seeks regular bail under Section 439 Cr.P.C. the others seek pre arrest bail under Section 438 Cr.P.C. The 9th accused has been in custody since 27.8.2016.
B.A.Nos.6781 & 6796 of 2016 2
Three Thousand only). On a perusal of the entire materials including the report submitted by the Investigating Officer, I find that the alleged incident in fact happened in connection with some political dispute between the two factions. A perusal of the wound certificates shows that one of the victims had sustained fracture of the proximal phalanx of his right middle finger in the alleged incident, besides other simple injuries, and the other victims had sustained only simple injuries. However, use of weapons like iron rod, is well revealed by the prosecution records. Anyway, I find that as against the 9th accused, the police has already collected the required materials, and so there is no necessity of detaining him further in custody. But, I am not inclined to grant bail to others. Their interrogation in custody is felt absolutely necessary for the collection of some materials concerning the role and complicity of each of the accused, the exact identity and details of the different assailants involved in the incident, the nature and number of the weapons used, the actual motive for the alleged incident, the details of the injury sustained by the persons on the other side, etc. After such interrogation, the request for
B.A.Nos.6781 & 6796 of 2016 3
regular bail can be appropriately considered by the learned Magistrate having jurisdiction. In the nature of the allegations, and the circumstances in which the alleged incident happened, I am not inclined to grant pre-arrest bail to the petitioners in B.A.No.6781 of 2016.
In the result, B.A.No.6796 of 2016 is allowed. The petitioner therein, who is the 9th accused in crime, will be released on bail on his executing a bond with two solvent sureties for 50,000/-(Rupees Fifty Thousand only) each to the₹ satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the
Circle Inspector of Police, Hosdurg between 10.00 a.m. and 11 a.m. on all Mondays for a period of two months.
b. The petitioner shall not enter the
jurisdictional limits of the Bekal Police Station for two months.
c. The petitioner shall not in any manner
influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
B.A.Nos.6781 & 6796 of 2016 4
Forward a copy of this order to the Circle Inspector of Police, Hosdurg, who will report compliance of the conditions directly to the learned Magistrate having jurisdiction.
B.A.No.6781 of 2016 is disposed of as follows;
a) The petitioners will surrender before
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.
b) After necessary interrogation, the investigating officer will produce the petitioners before the learned Magistrate having jurisdiction before 4 p.m. on the same day.
c) In case application for regular bail is
filed by the petitioners, the same shall be judiciously considered and decided on the same day by the learned Magistrate.
P.UBAID, JUDGE
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//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether regular bail should be granted to the 9th accused who is already in custody and pre-arrest bail to the other petitioners.
Whether the investigation requires further interrogation of the petitioners in custody before bail is considered.
3 provisions across 2 enactments
FAIZAL
MUHAMMED JAFFAR.K.
BABU.P.
SWARAG.T.V.
DINESHAN
STATE OF KERALA
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
