Allowed

C.v.Kunhippa v. Circle Inspector of Police, Ponnani

Kerala HC2 Apr 2009Bail Appl./552/2009

Case brief

AI extract

What is this about?

High Court Bench directed accused petitioners to surrender within a specified period for interrogation and presentation before a magistrate for regular bail consideration, rejecting immediate anticipatory bail but imposing conditions.

What did the court decide?

Petitioners directed to surrender between 08.04.2009 and 13.04.2009 for interrogation; thereafter to be presented to Magistrate for bail consideration.

C.v.Kunhippa Vs Circle Inspector of Police, Ponnani — Cheating and Forgery | 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 2ND APRIL 2009 / 12TH CHAITHRA 1931

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Bail Appl..No. 552 of 2009()

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---------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.8886/2008

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CRIME NO.66/09 OF PONNANI POLICE STATION

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PETITIONERS: ACCUSED

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C.V. KUNHIPPA, S/O. MOIDEENKUTTY, CHOROTHU VALAPPIL HOUSE, EASWARAMANGALAM.P.O, MALAPPURAM DISTRICT.

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M.V. DHARMAPALAN, S/O. VELAYUDHAN, MELEVATTASSERY, P.O. EASWARAMANGALAM, MALAPPURAM DISTRICT.

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BY ADV. SRI.T.M.ABDUL LATHEEF

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RESPONDENT(S): -----------------------

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CIRCLE INSPECTOR OF POLICE, PONNANI.

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SUB INSPECTOR OF POLICE, PONNANI.

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STATE OF KERAELA, REPRESENTED BY THE 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 02/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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......................................... B.A. No.552 of 2009

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Dated: 2.04.2009 ORDER

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Petitioner who are accused Nos.1 and 2 in Crime No.66/2009 of Ponnani Police Station for offences punishable under Sections 471,468 read with 34 I.P.C., seek 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 petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on any day between 08.04.2009 and 13.04.2009 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall release the petitioners on bail

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B.A.NO.552/09 -:2:-

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on each of the petitioners executing a bond for Rs. 25,000/(Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:-

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

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The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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Petitioners shall not commit any offence while on bail.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This petition is disposed of as above.

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Dated this the 2^nd day of April, 2009.

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V.RAMKUMAR, JUDGE

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C.v.Kunhippa v. Circle Inspector of Police, Ponnani

Case brief

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C.v.Kunhippa v. Circle Inspector of Police, Ponnani

Case brief

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