Bail application for second time dismissed as third party seeking pre-arrest bail without special reasons after first application disallowed due to necessity of custody interrogation for a Section 326 IPC case.
Bail application dismissed; liberty allowed to surrender to Investigating Officer and file regular bail before Magistrate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 20TH DAY OF OCTOBER 2016/28TH ASWINA, 1938
Bail Appl..No. 6924 of 2016 ()
CRIME NO.334/2016 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT.
PETITIONER/1ST ACCUSED:
MUHAMED FAISAL, AGED 28 YEARS, S/O.BASHEER, KARUPPANVEETIL HOUSE, KULAPPULLY, SHORNUR VILLAGE, PALAKKAD DT.
BY ADV. SRI.A.HAROON RASHEED
RESPONDENT/RESPONDENT:
STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.K.A.ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
P.UBAID, J.
ORDER
The petitioner herein seeks pre-arrest bail for the second time on the apprehension of arrest as accused in Crime No. 334 of 2016 of the Shornur Police Station. His first application was disallowed by this Court on 20.7.2016 on the ground that his interrogation in custody is absolutely necessary, and that a clear case under Section 326 of IPC is well made out against him prima facie . The petitioner does not have any special reason or circumstance for claiming bail for the second time. His request for pre-arrest bail already stands disallowed by this Court for sufficient reasons. He will have to be interrogated in custody. However, if he so opts, he can very well surrender before the Investigating Officer, and make application for regular bail before the learned Magistrate.
B.A.No. 6924 of 2016
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Giving him such liberty, this application is disposed of. It is also directed that in case application for regular bail is filed on arrest, the same shall be judiciously
decided on the same day by the learned Magistrate.
Sd/- P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
2 issues framed by the court
Whether pre-arrest bail ought to be allowed to the petitioner who had no special reason or circumstance for claiming bail having first application disallowed on ground that interrogation in custody is
What direction be issued regarding regular bail application if filed on arrest by the petitioner.
MUHAMED FAISAL
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
