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2016 Supreme(Online)(KER) 40935

HIGH COURT OF KERALA
P.UBAID, J
MOHANDAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.S.JIJI

ORDER

The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 698 of 2016 of the Adimaly Police Station, registered under Sections 294(b), 451, 506(i) and 353 of of the Indian Penal Code. The petitioner herein is the sole accused in the above crime.

2. The complainant in this case is a Forest Range Officer. The prosecution case is that at about 7.00 p.m. on 28.6.2016, the petitioner herein trespassed into the quarters of the complainant, and intimidated him.

3. This application for pre-arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.

4. It is not known how the crime happened to be registered under Section 353 of IPC. What is revealed by the complaint is only wordy abuse and also criminal intimidation. It appears that on seeing the petitioner, the complainant left the quarters and escaped. Ther

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