Dismissed

Subair.M.a. v. State of Kerala

Kerala HC19 Mar 2009Bail Appl./1282/2009

Case brief

AI extract

What is this about?

The High Court of Kerala refused anticipatory bail to the petitioner charged with offences under Sections 143, 147, 148, 149 and 332 of the I.P.C. It directed the petitioner to surrender for interrogation within three days for subsequent bail consideration.

What did the court decide?

Petitioner directed to surrender for interrogation between 25.03.2009 and 27.03.2009; regular bail to be considered by the Magistrate thereafter.

Subair.M.a. Vs State of Kerala — Anticipatory Bail | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930

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Bail Appl..No. 1282 of 2009()

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CRIME NO. 703/2008 of NEYYATTINKARA POLICE STATION

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PETITIONER/ACCUSED:-

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SUBAIR M.A., AGED 32 YEARS, S/O. MUHAMMED HANEEF, PLANKALAVEEDU THOZHUKKAL, NEYYATTINKARA.

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BY ADV. MR. K.SANIL KUMAR

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RESPONDENTS/COMPLAINANT:-

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION.

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ADV. MR. M.S. BREEZ, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 1282 of 2009

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----------------------------------

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Dated this the 19^th day of March, 2009.

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O R D E R

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Petitioner who is the 7^th accused in Crime No. 703 of 2008 of Neyyattinkara Police Station for offences punishable under Sections 143, 147, 148, 149 and 332 I.P.C., seeks anticipatory bail.

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The learned Public Prosecutor opposed the 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 any day between 25.03.2009 and 27.03.2009 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 who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed.

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This petition is disposed of as above.

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Dated this the 19^th day of March, 2009.

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V.RAMKUMAR, JUDGE.

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Subair.M.a. v. State of Kerala

Case brief

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Subair.M.a. v. State of Kerala

Case brief

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