In a bail application regarding a gang assault case arising from a political fight, the court directed the accused to surrender for interrogation and deferred the bail decision pending investigation.
Accused directed to surrender for interrogation; bail application disposed of pending investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 2ND DAY OF NOVEMBER 2017/11TH KARTHIKA, 1939
Bail Appl..No. 5827 of 2017 ()
CRIME NO. 1298/2017 OF PATHANAPURAM POLICE STATION , KOLLAM DISTRICT
PETITIONER(S)/ACCUSED NO. 1,2, 4 TO 6:
1. VISHNU.,
2. ANANTHU PILLAI,
3. MANU MOHAN,
4. VARUN V.,
5. ANANTHU T NAIR.,
BY ADVS.SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK
Bail Appl..No. 5827 of 2017 ()
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-11-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sdr/-
P.UBAID, J.
B.A. No.5827 of 2017
Dated this the 2nd day of November 2017
O R D E R
The petitioners herein are the accused Nos.1, 2 and 4 to 6 in Crime No.1298/2017 of Pathanapuram Police Station. They seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with the said crime registered under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code.
B.A. No.5827 of 2017
-: 2 :-
B.A. No.5827 of 2017
-: 3 :-
After such interrogation, the request for regular bail can be considered by the court below having jurisdiction.
In the result, this application for bail 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 ten 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 court below having jurisdiction by 4 p.m. on the date of arrest itself.
c) In case application for regular bail is filed by the petitioners, the same shall be judiciously considered and decided by the court below on the same day.
Sd/- P.UBAID JUDGE
//True copy//
P.A. To Judge
Jvt/2.11.2017.
2 issues framed by the court
Whether bail should be granted to accused persons facing charges of intentional hurt and attempt to murder arising from a political conflict.
Whether the investigation should be completed before regular bail is considered for the accused.
2 provisions across 2 enactments
VISHNU.
ANANTHU PILLAI
MANU MOHAN
VARUN V.
ANANTHU T NAIR.
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
