The High Court of Kerala refused anticipatory bail in a 498-A IPC case to three accused. The court permitted surrender for police interrogation before seeking regular bail from the Magistrate.
Petitioners permitted to surrender for interrogation; thereafter regular bail to be considered by Magistrate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932
Bail Appl..No. 2283 of 2010() ----------------------------------------(CRIME NO.8C3/2010 OF MEPPAYUR POLICE STATION, KOZHIKODE DISTRICT)
PETITIONER (S): ACCUSED 1-3:
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1. CHITHRESH, 24 YEARS, S/O.CHANDRIKA, PARAPARAMBIL HOUSE, CHERUVANNUR P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.
2. CHANDRIKA, 50 YEARS, D/O.NELLAYI, KONDAYATTU HOUSE, CHERUVANNUR P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.
3. NILLAYI, W/O.VEMBIRA, 62 YEARS, KONDAYATTU HOUSE, CHERUVANNUR P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADV. SRI.P.ABDUL JALEEL
RESPONDENT(S): COMPLAINANT AND STATE:
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STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
V.RAMKUMAR, J.
Bail Application No.2283 of 2010
Dated this the 23rd day of September, 2010
ORDER
The petitioners, who are accused Nos.1 to 3 in Crime No.83/2010 of Meppayur Police Station for an offence punishable under Section 498-A I.P.C., seek anticipatory bail.
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 04/10/2010 or on 05/10/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate who on being satisfied that the petitioners have been interrogated by the police shall consider and dispose of their application for regular bail preferably on the same date on which it is filed.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
skj
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving Section 498-A IPC.
Proper procedure for petitioners to seek regular bail after police interrogation.
1 provisions across 1 enactments
Chithresh
Chandrika
Nillayi
State
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
