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2013 Supreme(Ker) 547

S.S.SATHEESACHANDRAN
Ahamed Basheer @ Bachu – Appellant
Versus
Sub Inspector of Police – Respondent


Advocate Appeared:
For the Petitioners:P.V. Kunhikrishnan, P.V. Anoop, Advocates.
For the Respondents: T.Y. Mrs. Laliza, Public Prosecutor.

Judgment :

1. Petitioners are two among the accused (A2 and A3) in Crime 243/2013 of Vidyanagar Police Station, Kasaragod registered for offences punishable under sections 323 and 324 IPC. Investigation of that crime is now being continued incorporating the offence punishable under section 326 IPC.

2. At the stage when the investigation of crime continued for bailable offences only, petitioners were arrested and released on bail by police on executing bond by them. Now, after adding of a non bailable offence under section 326 IPC in the crime, and investigation continuing as such, they apprehend arrest by police is the case put forth for seeking the discretionary relief of pre arrest bail under section 438 of the Code of Criminal Procedure, for short the Code.

3. Petitioners had unsuccessfully moved for getting the above discretionary relief from the Sessions Judge more than once as seen from copies of Orders produced with the petition. Sessions Judge, it is noticed, among other circumstances found force in the objection that petitioners who are involved in two other crimes also, one of them for a grave offence punishable under section 307 IPC with some other offences, are not ent







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