Jacob v. State of Kerala
Case brief
What is this about?
Single judge allowed pre-arrest bail petition. Court held custodial interrogation unnecessary for verbal abuse allegations. Appellant to surrender within 10 days for interrogation thereafter produced for bail consideration.
What did the court decide?
Appellant permitted to surrender before investigating officer within 10 days; to be produced before jurisdictional court for bail consideration.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 22ND DAY OF JUNE 2018 / 1ST ASHADHA, 1940
CRL.A.No. 750 of 2018
AGAINST THE ORDER IN CRL.MC. NO.542/2018 of I ADDL. SESSIONS COURT, THRISSUR DATED 08-05-2018.
CRIME NO. 238/2018 OF CHALAKKUDY POLICE STATION.
APPELLANT/PETITIONER
JACOB, AGED 50 YEARS, S/O. OUSEPH, MORELY HOUSE, KUTTIKKAD DESOM, PARIYARAM VILLAGE, THRISSUR DISTRICT.
BY ADV.SRI.P.K.VARGHESE.
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.V. SREEJA.
Issues for consideration
3 issues framed by the court
Whether to grant pre-arrest bail to the appellant charged with offences under Section 294(b) of IPC and Section 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
Whether custodial interrogation is warranted given that the allegations relate essentially to verbal abuse.
Whether the appellant should be permitted to surrender before the investigating officer for interrogation.
Parties & counsel
- appellant
Jacob
- respondent
State of Kerala
Coram
Sunil Thomas
Case details
As recorded by the court registry
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