Kerala High Court
Aji K.R vs The State Of Kerala on 14 June, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 14TH DAY OF JUNE 2016/24TH JYAISHTA, 1938
Bail Appl..No. 4108 of 2016
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CRIME NO. 1500/2014 OF CHIRAYINKIL POLICE STATION,
THIRUVANANTHAPURAM
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PETITIONER/2ND AND 3RD ACCUSED:
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1. AJI K.R.,
AGED 42 YEARS, S/O. RAJAN,
AJAYAMANCHIRAM (PEKKAVILA),
KOONTHALLOOR CHIRAYINKIL, TRIVANDRUM.
2. JYOTHISH KUMAR,
AGED 32 YEARS, S/O. SIVANANDAN,
NANDANAM, ALATHARAMOODU,
CHIRAYINKIL, TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 683 021.
2. THE SUB INSPECTOR OF POLICE,
CHIRAYNKIL POLICE STATION,
REPRESENTED THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 683 021.
BY PUBLIC PROSECUTOR SMT.REMA R.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 14-06-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
P.UBAID, J.
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B.A No.4108 of 2016
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Dated this the 14th day of June, 2016
O R D E R
The petitioners herein claiming to be the accused Nos.2 and 3 in Crime No.1500/2014 of the Chirayinkil Police Station, seek pre arrest bail on the apprehension of arrest by the police. The offences involved in the crime are under Sections 143, 147, 148, 149, 294(b), 323, 427 and 452 of the Indian Penal Code r/w 149 IPC. It appears that the petitioners apprehend that they will be remanded to judicial custody in view of the allegation under Section 452 IPC, which is non bailable. However, the police report shows that these petitioners have not so far been identified as accused in the crime. If so, there is no question of they being arrested by the police. Anyway, the petitioners can very well approach the learned Magistrate having jurisdiction and seek regular bail, if at all they are accused in the crime. What is made punishable under Section 452 IPC is house trespass with preparation to cause hurt. There is no such factual situation here. Simple house trespass with intention to cause hurt will come only under Section 451 IPC, B.A No.4108 of 2016 2 which is bailable under the law. This legal aspect will have to be examined by the learned Magistrate when application for regular bail comes. Giving liberty to the petitioners to approach the learned Magistrate for regular bail, if at all they are the accused in the crime, this application for pre arrest bail is disposed of.
Sd/-
P.UBAID JUDGE //True Copy// P.A to Judge ab