Disposed

P.Prabitha v. the S.I of Police

Kerala HC20 Mar 2009Bail Appl./482/2009

Case brief

AI extract

What is this about?

In a bail application under Sections 498A and 302 IPC, the High Court of Kerala refused anticipatory bail. Instead, it permitted the petitioner to surrender for interrogation within a specific period before her regular bail application could be considered by the Magistrate.

What did the court decide?

Petitioner permitted to surrender for interrogation and file regular bail application with the Magistrate.

P.Prabitha Vs the S.I of Police — 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 20TH MARCH 2009 / 29TH PHALGUNA 1930

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Bail Appl..No. 482 of 2009() ---------------------------CRIME NO.276/2008 OF MEPAYUR POLICE STATION

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PETITIONER

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P.PRABITHA, AGED 36 YEARS, W/O. CHITHRAN, KODAMBUR, P.O.KARAYAD, MEPAYUR, KOYILANDY TALUK, KOZHIKODE DISTRICT.

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BY ADV. SRI.C.PUSHPODARAN

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RESPONDENT(S):

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THE SUB INSPECTOR OF POLICE MEPAYUR POLICE STATION, KOZHIKODE DISTRICT.

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THE CIRCLE INSPECTOR OF POLICE PAYYOLI CIRCLE, KOZHIKODE DISTRICT.

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THE DEPUTY SUPERINTENDENT OF POLICE (ASSISTANT SUPERINTENDENT OF POLICE VADAKARA, KOZHIKODE (RURAL)

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THE STATE OF KERALA, RESPONDENTS THROUGH 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 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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===============================

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Bail Application No.482 of 2009

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=============================== DATED: 20.03.2009

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O R D E R

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Petitioner, who is the 2^nd accused in Crime No.276 of 2008

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of Mepayur Police Station for offences punishable under Sections 498A and 302 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 her application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on any day between 26.03.09 and 28.03.09 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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V.RAMKUMAR, JUDGE

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P.Prabitha v. the S.I of Police

Case brief

What is this about?

What did the court decide?

P.Prabitha v. the S.I of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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