Disposed

Nissam Nazzar v. State of Kerala

Kerala HC7 Jun 2019Crl.MC/2766/2019

Case brief

AI extract

What is this about?

The High Court held that a court should not discuss the merits of a case while dismissing a bail application. Consequently, the petitioner-victim requested the investigating officer to proceed with the investigation uninfluenced by such remarks.

What did the court decide?

Directed the investigating officer to proceed with the investigation uninfluenced by the observations made by the learned Magistrate while dismissing the bail application.

Nissam Nazzar Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

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Crl.MC.No. 2766 of 2019

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CRL.MP 257/2019 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO. 1768/2018 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM

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PETITIONER/VICTIM:

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NISSAM NAZZAR, AGED 34 YEARS, S/O NAZAR, VELLUPARAMBIL HOUSE, NADAKKAL, ERATTUPETTAH VILLAGE, MEENACHIL TALUK, KOTTAYAM.

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BY ADV. SRI.V.VINAY

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUAM -682 031.(CRIME NO 995/16 OF CENTRAL POLICE STATION, ERNAKULAM)

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2 STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM - 682 018

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SRI. AJITH MURALI PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2766 of 2019

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ORDER

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The petitioner is the de facto complainant in Crime No.1768 of 2018 registered at the Ernakulam Town North Police Station. He is aggrieved by certain observations made by the leaned Magistrate while disposing of the bail application of the accused.

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Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

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It appears that while dismissing the application for bail preferred by the accused, the learned Magistrate has made certain observations touching the merits of the case. He has observed that the ingredients of the offence punishable under Sections 308 or 455 are not made out. He has also observed that Section 455 was incorporated with a view to ensure that the accused is kept behind bars. He went on to state that Sections 308 and 455 have been incorporated without any bona fides. These observations are likely to influence the investigation, is the submission.

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It is by now settled that at the time of consideration of bail application, the Courts are not expected to discuss the merits or demerits of the evidence collected against the accused. A detailed examination of the evidence or an elaborate documentation of the

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Crl.MC.No. 2766 of 2019

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merits of the case has also to be avoided (See Naranjan Singh v. Prabhakar Rajaram Kharote [AIR 1980 SC 785] and; Puran v. Rambilas [(2001) 6 SCC 338]. The learned Magistrate ought to have refrained from making sweeping remarks touching the merits of the case while dismissing the bail application.

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In that view of matter, the investigating officer is directed to proceed with the investigation uninfluenced by the observations made by the learned Magistrate while passing Annexure-IV order.

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The petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V.,

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JUDGE

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IAP

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Crl.MC.No. 2766 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF FIR IN CRIME NO 1768/2018 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM

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ANNEXURE 11 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY MEDICAL TRUST HOSPITAL

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ANNEXURE 111 TRUE COPY OF REMAND REPORT DATED 23.1.2019 IN CRIME NO 1768/2018 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM

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ANNEXURE IV CERTIFIED COPY OF THE ORDER DATED 25.1.2019 IN CRL.M.P.NO 257/19 ON THE FILES OF ACJM, ERNAKULAM

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ANNEXURE V TRUE COPY OF THE ORDER DATED 27.2.2019 IN B.A NO 849/2019

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RESPONDENS' EXHIBITS:

Nissam Nazzar v. State of Kerala

Case brief

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Nissam Nazzar v. State of Kerala

Case brief

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