Partly allowed

Dhanesh v. State of Kerala

Kerala HC25 Mar 2010Bail Appl./206/2010

Case brief

AI extract

What is this about?

The High Court of Kerala rejected the grant of anticipatory bail in a criminal case involving offences under Sections 340, 323, 452 IPC read with Section 34 IPC. Instead, it directed the petitioners to surrender for interrogation before the Investigating Officer and subsequently seek bail from the Magistrate, subject to specific bonds and conditions.

What did the court decide?

Petitioners directed to surrender for interrogation; regular bail to be granted by Magistrate thereafter subject to bond and conditions.

Dhanesh Vs State of Kerala — Anticipatory Bail | Kerala HC (2010)

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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 25TH MARCH 2010 / 4TH CHAITHRA 1932

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Bail Appl..No. 206 of 2010()

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--------------------CRIME NO. 2120 OF 2009 OF KOTTARAKKARA POLICE STATION

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PETITIONERS

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DHANESH @ MANIKUTTAN , S/O. VANAJAKSHI, DHANESH BHAVAN

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VALLOM, NEDUVATHUR VILLAGE, KOTTARAKARA TALUK.

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MANU @ MANESH, S/O. USHA, MANU BHAVAN, VALLOM, NEDUVATHUR VILLAGE, KOTTARAKARA TALUK.

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VINEETH, S/O. VIKRAMAN, MUKALUVILA VEEDU, VALLOM, NEDUVATHUR VILLAGE, KOTTARAKKARA TALUK

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BY ADV. SRI.SYAM J SAM

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RESPONDENT(S):

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

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PUBLIC PROSECUTOR SRI. C.M. NAZAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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......................................... B.A. NO. 206 of 2010

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.......................................... Dated: 25^th day of March, 2010

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ORDER

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Petitioners who are the accused in Crime No. 2120 0f 2009 of Kottarakkara Police Station for offences punishable under Sections 340, 323, 452 read with Sec. 34 I.P.C.seeks anticipatory bail.

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The learned Public Prosecutor opposed the application. 3. 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 54-2010 or 6-4-2010 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 on each

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B.A. No. 206 of 2010 -:2:-

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

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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 25^th day of March, 2010.

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ani

Dhanesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dhanesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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