Partly allowed

Alikhan v. State of Kerala

Kerala HC3 Apr 2009Bail Appl./1487/2009

Case brief

AI extract

What is this about?

In a bail application for offences under IPC Sections 324, 308, and 34, the court refused anticipatory bail. The petitioner was ordered to surrender for interrogation within a specific timeframe, after which bail consideration would be entrusted to the suitable Magistrate.

What did the court decide?

Petitioner ordered to surrender between 13-4-2009 and 15-4-2009 for interrogation; bail application remanded to Magistrate for consideration thereafter.

Alikhan 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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FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931

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Bail Appl..No. 1487 of 2009()

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----------------------------CRIME NO. 488/2008 OF THE PARAVUR POLICE STATION

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PETITIONER/IST ACCUSED

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ALIKHAN, S/O.ABDUL KALAM, KIZHAKKEPARAKODU, THEKKUMBHAGOM PARAVUR, KOLLAM.

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BY ADV. SRI.C.RAJENDRAN

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RESPONDENT(S): COMPLAINANT

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STATE OF KERALA, REPRESENTED THE SUB INSPECTOR OF POLICE, PARAVUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/04/2009, 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. 1487 of 2009

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3^rd day of April, 2009

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O R D E R

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Petitioner who is the 1^st accused in Crime No.488/2008 of Paravur Police Station for offences punishable under Sections 324, 308 and 34 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 13-4-2009 and 15-4-2009 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 sureties each for the like amount to the satisfaction

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BA 1487/09 -2-

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of the 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.

Alikhan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alikhan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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