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2013 Supreme(Online)(KER) 15983
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
CHETTACHAL SAHADEVAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./982/2013
SRI.M.SREEKUMAR, SRI. V. S. SREEJITH
Custodial interrogation is necessary in certain cases, with conditions set for subsequent bail applications post-surrender.
Headnote:
Bail - Criminal Procedure - CPC Section List - The court held that custodial interrogation is necessary; petitioners to surrender and may apply for bail post interrogation based on prescribed conditions.
Fact of the Case:
Petitioners were accused in a crime alleging various IPC offences and sought bail apprehending wrongful arrest, arguing they were falsely implicated.
Issues: Whether the petitioners could be granted bail considering the nature of accusations and necessity of custodial interrogation.
Ratio Decidendi: The necessity of custodial interrogation was established as crucial for the case, influencing the conditions of surrender and subsequent bail application.
Final Decision: Petitioners directed to surrender and allowed bail upon fulfillment of specific conditions.
O R D E R
Petitioners are accused 1,2,7,14,15,16,20,22,26,18 and 13 in Crime No.713/2012 of Nedumangad police station for offences under Sections 143 ,144,145,147,148,452,506(i) and 332 read with Section 149 IPC and under Section 3 (ii)(e) of the Prevention of Damage to Public Property Act .
2. Apprehending arrest, detention and torture at the hands of the investigating officer, this petition is filed under Section 438 of the Code of Criminal Procedure seeking an order to release the petitioners on bail in the event of arrest with a plea that the petitioners were falsely implicated.
3. It is submitted that accused Nos.3,4 and 27 were arrested and were enlarged on bail.
4. Having heard either side, I find that custodial interrogation cannot be avoided and that the case arose in connection with a dharna in front of the police station. In the peculiar facts and circumstances of the case, this petition is allowed and there would be an order directing the petitioners to : 2:
surrender before the investigating officer. The investigating officer, after arrest, interrogation and recovery, if any, shall produce before the Magistrate concerned so as to enable the petitioners to apply for bail. The learned Magistrate on such application shall release the petitioners on bail on executing a bond for Rs.10,000/- each with two solvent sureties each for the like amount to his satisfaction on the following conditions.
i. Each of the petitioners shall deposit Rs.1,000/- before the Magistrate.
ii. The petitioners shall appear before the investigating officer as and when called upon for interrogation.
iii. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case against them so as to dissuade them from disclosing such facts to the Court or to any police officer.
P.S. GOPINATHAN, JUDGE.
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