Pre-arrest bail application dismissed as grant would defeat the object of investigation; petitioner directed to surrender for interrogation by 23-06-2023.
Bail application dismissed; petitioner directed to surrender before IO on or before 23-06-2023.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945
BAIL APPL. NO. 2145 OF 2023
CRIME NO.208 OF 2023 OF CHAVARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENTCRMC 394/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM
PETITIONER/1ST ACCUSED:
VISHNU RAJ S.,
AGED 28 YEARS
S/O. SWARNAMMA, 'RATHNA BHAVANAM', VATTATHARA,
MUKUNDAPURAM P.O, CHAVARA, KOLLAM,, PIN - 691585
BY ADVS.
PRATHEESH.P
AMAR PRASANTH G.
ANJANA KANNATH
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820312 STATION HOUSE OFFICER, CHAVARA POLICE STATION, KOLLAM DISTRICT, PIN - 6915833 SANIL KUMAR ( SOUGHT TO BE IMPLEADED ) S/O SASIDHARAN, RESIDING AT 642 C, SANIL BHAVANAM, 6, PANMANA PANCHAYATH, KARUNAGAPPALLY, KOLLAM ( SOUGHT TO BE IMPLEADED )BY ADV THARA JOHNSON
OTHER PRESENT:
PP SMT.NEEMA T.V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2145 OF 2023
2
BECHU KURIAN THOMAS, J.
B.A.No. 2145 of 2023
Dated this the 15th day of June, 2023
ORDER
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
BAIL APPL. NO. 2145 OF 2023
3
Crime No.14/2023 was registered. Though he was released on bail on the same day in the said case, the 2nd accused is alleged to have been on inimical terms due to the said release. At the instigation of the 2nd accused, the others also formed into a group and assaulted the defacto complainant.
4
BAIL APPL. NO. 2145 OF 2023
Officer proceeds to arrest him, he shall be produced before the jurisdictional Magistrate without delay. In the event of any application for bail being filed, the same shall be considered by the Magistrate preferably on the same day itself.
Accordingly, this bail application is dismissed.
BECHU KURIAN THOMAS JUDGE
AJM
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner in an assault case involving serious injuries?
Whether custodial interrogation is essential given the nature of injuries inflicted and alleged overt act?
2 provisions across 2 enactments
VISHNU RAJ S.
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court