In a pre-arrest bail application under Section 438 CrPC, the High Court of Kerala dismissed the petition as the nature of serious allegations and the need for custodial interrogation made the grant of bail inappropriate.
Application for anticipatory bail dismissed.
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 BECHU KURIAN THOMAS
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
BAIL APPL. NO. 2470 OF 2023
IN CRIME NO.349/2022 OF THE VELLAMUNDA POLICE STATION, WAYANAD
DISTRICT
PETITIONER/ACCUSED NO.13:
ABDUL SAMAD T.K AGED 60 YEARS, S/O LATE MUHAMMAD HAJI, POOZHITHARA HOUSE, CHETTAPALAM, VEMOM P.O, MANANTHAVADY, WAYANAD., PIN - 670645 BY ADVS. ASHIK K.MOHAMED ALI MUHAMMED RIFA P.M. RAMSEENA N.
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, VELLAMUNDA POLICE STATION, VELLAMUNDA, WAYANAD-670731, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
PP SMT.SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.2470 OF 2023
2
BECHU KURIAN THOMAS, J.
B.A.No.2470 of 2023
Dated this the 13th day of June, 2023
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
3
BAIL APPL. NO.2470 OF 2023
4
BAIL APPL. NO.2470 OF 2023
Therefore, I dismiss this application for anticipatory bail.
BECHU KURIAN THOMAS JUDGE
AP/13/06/2023
BAIL APPL. NO.2470 OF 2023
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APPENDIX OF BAIL APPL. 2470/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 349 OF 2022 OF THE VELLAMUNDA POLICE STATION. Annexure A2 CARBON COPY OF THE COMMON ORDER DATED 1703-2023 OF THE HONOURABLE SESSIONS COURT, WAYANAD IN CRL.M.C NO.S 166 OF 2023 AND 149 OF 2023. Annexure A3 TRUE COPY OF THE FIR IN CRIME NO. 350 OF 2022 OF THE VELLAMUNDA POLICE STATION. Annexure A4 TRUE COPY OF FIR IN CRIME NO. 466 OF 2022 OF THE PANAMARAM POLICE STATION. Annexure A5 TRUE COPY OF CIRCULAR NO. 17 OF 2016 ISSUED BY THE STATE POLICE CHIEF.
2 issues framed by the court
Whether anticipatory bail is maintainable in a case involving serious offences causing damage to private property.
Whether custodial interrogation is essential to bring out the truth of allegations.
2 provisions across 2 enactments
ABDUL SAMAD T.K
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
