In a bail application by accused No. 2 and 3 charged with offences under IPC and Explosive Substances Act, the Court directed surrender within ten days. Bail will be considered on merits only after interrogation, identification, and recovery of evidence.
Directed petitioners to surrender before investigating officer within ten days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940
Bail Appl..No. 2003 of 2018
AGAINST THE ORDER IN CRL.MC 1768/2017 of SESSIONS COURT, THALASSERY DATED 08-01-2018
CRIME NO. 411/2017 OF KUDIYANMALA POLICE STATION , KANNUR
PETITIONERS/2ND AND 3RD ACCUSED:
2 SHAMEER, AGED 35 YEARS, S/O. MOOSAN, KARUTHANDEERAKATH HOUSE, VILAKANNOOR, VADUVIL POST, NEW NADUVIL AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.
SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
RESPONDENTS/STATE AND COMPLAINANT:
SR.PP C.N PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2003 of 2018
2
O R D E R
The petitioners herein are accused Nos.2 and 3 in Crime No.411/2017 of Kudiyanmala Police Station, for offences punishable under sections 324 and 308 read with section 34 of the Indian Penal Code and sections 4 and 5 of the Explosive Substances Act.
3
Bail Appl..No. 2003 of 2018
was submitted. According to the learned Public Prosecutor, the petitioners have criminal background and the first and the second petitioners are involved in three crimes each. Having considered the entire facts, I am inclined to direct the petitioners herein to surrender before the investigating officer within ten days from today. After interrogation, identification and recovery, if any, they may be produced before the jurisdictional Magistrate on the same day itself and the court below may consider the bail applications, if any, filed by them on merits on the same day itself.
Bail application is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy// PA to Judge
2 issues framed by the court
Whether bail should be granted immediately or directed to surrender first for investigation.
Whether the petitioners have sufficient criminal background to deny bail without interrogation.
2 provisions across 2 enactments
Alakandy Rasheed
Shameer
State of Kerala
Sunil Thomas
R. AV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
