The Kerala High Court dismissed a bail application under Section 438 CrPC. The court held that no special case was made out, the offence under Section 153A IPC was grave, and custodial interrogation was necessary for the investigation.
The bail application was dismissed; the accused could not be released on bail.
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 DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 8TH DAY OF MARCH 2023 / 17TH PHALGUNA, 1944
BAIL APPL. NO. 961 OF 2023
CRIME NO.1858/2022 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT
PETITIONER/ACCUSED:
ABDUL AZIZ , AGED 62 YEARS S/O PAREETHU RATHER, AYATHIKONIL, PAZHAKULAM.P.O PALLICKAL VILLAGE, ADOOR-691 554.
BY ADV K.K.SETHUKUMAR
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN – 682031 (CRIME NO.1858/2022 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT)
BY SMT.S.REKHA, SR.P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 961 OF 2023
O R D E R
This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.
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BAIL APPL. NO. 961 OF 2023
connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, it is not a fit
BAIL APPL. NO. 961 OF 2023
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case where extra ordinary jurisdiction vested with this Court u/s 438 of Cr.P.C. could be invoked. The bail application is, accordingly, dismissed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
2 issues framed by the court
Whether pre-arrest bail should be granted where a voice message allegedly creating enmity between religions attracted Section 153A of IPC.
Whether the grave nature of the offence and preliminary stage of investigation warranted refusal of extraordinary jurisdiction under Section 438 CrPC.
2 provisions across 2 enactments
ABDUL AZIZ
STATE OF KERALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
