Partly allowed

Abdul Rasaq v. State of Kerala

Kerala HC7 Apr 2009Bail Appl./1084/2009

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application for anticipatory bail in a case involving theft. The judge denied anticipatory bail but ordered the petitioner to surrender for interrogation within two days, after which bail would be considered by the Magistrate.

What did the court decide?

Petitioner ordered to surrender for interrogation by 16-04-2009; subsequent bail to be considered by Magistrate. Anticipatory bail denied.

Abdul Rasaq Vs State of Kerala — Kerala HC (2009) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Bail Appl..No. 1084 of 2009() ----------------------------CRIME NO. 36/2009 OF KUTTIPURAM POLICE STATION PETITIONER(S): ACCUSED: -------------------ABDUL RAZAQ, S/O.MOHAMMED, KUNCHIPURATHI HOUSE,KUTTIPURAM VILLAGE, TIRUR TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.M.N.UNNIKRISHNAN SRI.C.DILIP RESPONDENT(S): --------------STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.

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PUBLIC PROSECUTOR SRI.M.S.BREEZ

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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B.A. No. 1084 of 2009

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7^th day of April, 2009

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O R D E R

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Petitioner who is the 2^nd accused in Crime No.36/2009 of Kuttipuram Police Station for an offence punishable under Section 380 I.P.C., seeks anticipatory bail.

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The learned Public Prosecutor opposed the

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application.

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Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 15-4-2009 or on 16-4-2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall release the petitioner on bail on the petitioner executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent

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BA 1084/09 -2-

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sureties each for the like amount to the satisfaction of the

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Magistrate and subject to the following conditions:-

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1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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1. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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1. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

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1. Petitioner shall not commit any offence while on bail.

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1. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

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This petition is disposed of as above.

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V. RAMKUMAR, JUDGE.

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mn.

Abdul Rasaq v. State of Kerala

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Abdul Rasaq v. State of Kerala

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