The Kerala High Court dismissed an anticipatory bail application filed by the third accused. The court stayed admission as the petitioner was uninterested in arguing the matter on merits, noting the prosecution's case required custodial interrogation.
Bail application dismissed as petitioner was not interested to argue the matter on merits.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945
BAIL APPL. NO. 4365 OF 2021
CRIME NO.3983/2020 OF KOTTARAKKARA POLICE STATION
PETITIONER/ACCUSED:
SURENDRAN
AGED 65 YEARS
NADUVILAZHIKATHU VEEDU,NADUKUNNU EAST,VETTIKAVALA P.O,
KOTTARAKKARA.
KOLLAM DIST.
BY ADV BABY JOHN (AMBALLOOR)
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION,
KOLLAM DISTRICT.
BY SR.PUBLIC PROSECUTOR SRI.P G MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4365 OF 2021 2
ORDER
Dated this the 22nd day of August, 2023
This is an application for anticipatory bail, filed by the 3rd accused in Crime No.3983/2020 of Kottarakkara Police Station, where the prosecution alleges commission of offences punishable under Sections 143,147, 148, 294(b), 341, 323, 324, 326 and 307 r/w Section 149 of the Indian Penal Code.
arrest and custodial interrogation of the petitioner, are necessary in this matter. He has placed report of the Investigating Officer.
In this matter, the prosecution case is well made out and in such a case, without custodial interrogation of the petitioner, investigation could not be materialised. As per the report of the Investigating Officer, the same is justified.
BAIL APPL. NO. 4365 OF 2021 3
Since the petitioner is not interested to argue the matter on
merits, the bail application stands dismissed.
Sd/-
A. BADHARUDEEN JUDGE
Bb
2 issues framed by the court
Whether the application for anticipatory bail ought to be allowed or dismissed.
Whether the case requires custodial interrogation of the petitioner.
SURENDRAN
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court