Court dismissed the bail application seeking pre-arrest bail. It permitted the petitioner to surrender to the Investigating Officer within 7 days, forbidding arrest during this period, to seek further bail.
Petitioner permitted to surrender to Investigating Officer within 7 days; not to be arrested in the interim.
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 SUNIL THOMAS
THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940
Bail Appl..No. 6562 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 1687/2018 of SESSIONS COURT, ERNAKULAM DATED 10-09-2018
CRIME NO. 1146/2018 OF NEDUMBASSERY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
SABU, AGED 36 YEARS S/O BABU, KALLINGAL PARAMBIL HOUSE, KAPRASSERY, NEDUMBASSERY, ERNAKULAM DISTRICT, KERALA STATE-683 585.
BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SRI.V.KRISHNADAS
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
PP AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 6562 of 2018
2
O R D E R
Petitioner stands arrayed as the 3rd accused in Crime No.1146/2018 of Nedumbassery Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 & 326 read with 149 of IPC. According to the prosecution, on 26.08.2018 at 9.30 p.m., the accused wrongfully restrained the de facto complainant and inflicted injuries on his face and head. The allegation is that 1st accused wrongfully restrained him, caught hold of his shoulder and the 2nd accused hit on his chest. Petitioner allegedly hit on his forehead with a weapon. When the injured fell down, others kicked him.
2. It is reported that accused Nos.1 and 2 were arrested and were granted bail. Accused Nos.4 to 9 were granted anticipatory bail. The main role is attributed to the petitioner herein. He used the weapon, which resulted in an injury resulting in offence punishable under Section 326 IPC. The
Bail Appl..No. 6562 of 2018
3
weapon has not been recovered.
3. Having considered these facts, I am not
inclined to grant the benefit of pre-arrest bail to the petitioner. However, I am inclined to permit the petitioner to surrender before the Investigating Officer within 7 days from today. If he so surrenders, after interrogation, identification and recovery, he shall be produced before the jurisdictional court, which shall consider the bail application preferably on the same day itself with notice to the learned Assistant Public Prosecution and pass appropriate orders on the same day. Petitioner shall not arrested during the above period.
Bail application is disposed of accordingly.
Sd/-
SUNIL THOMAS, JUDGE
Pn 08/11
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner accused.
Directions for surrender and subsequent bail consideration.
1 provisions across 1 enactments
SABU
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
