Disposed

Sivan C.K. v. State of Kerala

Kerala HC20 Mar 2009Bail Appl./592/2009

Case brief

AI extract

What is this about?

On a bail application filed by accused persons in a case involving public nuisance and affray charges, the High Court of Kerala observed that anticipatory bail was not maintainable. The Court directed the petitioners to surrender before the investigating officer between 26.03.2009 and 28.03.2009 for interrogation and recovery of material before seeking regular bail from the Magistrate.

What did the court decide?

Direction to surrender before IO between 26.03.2009 and 28.03.2009 before applying for bail before Magistrate.

Sivan C.K. Vs State of Kerala — Quashing and FIR | 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. 592 of 2009()

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CRIME NO.5 OF 2009 OF VALAPPAD POLICE STATION

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PETITIONERS:

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SIVAN C.K., S/O. KESAVAN, CHEMBINGAL HOUSE, P.O. VALAPAD, ANAVIZHUNGI.

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BIJU M.K., S/O.KUMARAN, MENASSERY HOUSE P.O. VALAPAD, ANAVIZHUNGI.

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SUBEESH K.S., S/O. SUHAKARAN, KOLLARA HOUSE, P.O. VALAPPAD, ANAVIZHUNGI.

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NAVEEN K.C., S/O. CHANDRAN, KOLLARA HOUSE, P.O. VALAPAD, ANAVIZHUNGI.

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SHAJIN O.H., S/O. HARSHAN, OTTALI HOUSE, P.O. VALAPAD, ANAVIZHUNGI.

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JINESH P.K., S/O. KARTHIKEYAN, PUTHIYEDATH HOUSE, P.O. VALAPAD, ANAVIZHUNGI.

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SUMESH K.S., S/O. SUBRAMANYAN, KARAYIL HOUSE, P.O. KAIPAMANGALAM.

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BY ADV. SRI.V.M.KRISHNAKUMAR

B.A.No.592/2009

RESPONDENT(S):

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

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THE SUB INSPECTOR OF POLICE, VALAPPAD.

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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. 592 of 2009 ==============================

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DATED: 20.03.2009 O R D E R

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Petitioners, who are accused Nos.1 to 7 in Crime No.5 of 2009 of Valappad Police Station for offences punishable under Secs.143,147,148,323,324,326 and 308 I.P.C. , seek 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 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 26.03.09 and 28.03.09 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 who shall release the petitioners on bail on appropriate conditions.

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This petition is disposed of as above.

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V.RAMKUMAR, JUDGE

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Sivan C.K. v. State of Kerala

Case brief

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Sivan C.K. v. State of Kerala

Case brief

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