The Court rejected a pre-arrest bail application filed under Section 438 CrPC, holding that it might hamper investigation. The petitioners are directed to surrender within ten days. Immediate arrest is authorized if they fail to comply.
Directed surrender within ten days; arrest authorized if not surrendered; bail disposed of subject to compliance.
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 MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
BAIL APPL. NO. 560 OF 2023
CRIME NO.2109/2022 OF KUNDARA POLICE STATION, KOLLAM
PETITIONERS/ACCUSED:
SHYLA.V
AGED 40 YEARS 1 S/O. PRAVEEN, RESIDING AT PRAVEEN NIVAS, KANJRACODE, KUNDARA, KOLLAM, PIN - 691501
PRAVEEN
AGED 47 YEARS 2 S/O. ANTONY, RESIDING AT PRAVEEN NIVAS, KANJRACODE, KUNDARA, KOLLAM, PIN - 691501
BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN NAMITHA RAJESH R.RAJESH KUMAR
RESPONDENTS/STATE:
THE STATION HOUSE OFFICER 2 KUNDARA POLICE STATION, KOLLAM DISTRICT, PIN - 691501
BY PUBLIC PROSECUTOR SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
BAIL APPL.NO.560 OF 2023
O R D E R
This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
BAIL APPL.NO.560 OF 2023
3
offences alleged are not attracted in the case. I am of the view that the petitioners are not entitled to get anticipatory bail as it might affect a proper investigation. Therefore, the following directions are issued:-
In the event the petitioners surrender before the Investigating Officer within ten days, they shall be interrogated and only after interrogation they shall be produced before the Magistrate having jurisdiction within the time stipulated under law. If the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case.
The Bail Application is disposed of as above.
Sd/- MOHAMMED NIAS C.P. JUDGE
shg
1 issue framed by the court
Whether pre-arrest bail can be granted when allegations involve offences concerning fire and trespass.
1 provisions across 1 enactments
SHYLA.V and PRAVEEN
STATE OF KERALA
MOHAMMED NIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court