Dismissed

Thomas v. State of Kerala

Kerala HC8 Sept 2010Bail Appl./2608/2010

Case brief

AI extract

What is this about?

The High Court refused anticipatory bail in a case involving offences under Sections 323, 324, 294(b) and 326 IPC read with Section 34 IPC. The court directed petitioners to surrender for interrogation before the investigating officer, after which bail would be considered by the Magistrate.

What did the court decide?

Petitioners directed to surrender before the investigating officer for interrogation prior to application for regular bail before the Magistrate.

Thomas Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Bail Appl..No. 2608 of 2010(M) -------------------------------------------CRIME NO.218/2010 OF MANNUTHI POLICE STATION, THRISSUR DIST. ....................

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PETITIONERS/ACCUSED

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------------------------------------

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1. THOMAS, S/O.KYTHAMANGALAM JOHN, AGED 59 YEARS, KOOTALA, OLLUKARA VILLAGE.

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2. JOSEPH, S/O.JOHN KYTHAMANGALAM, AGED 63 YEARS, AYYAPPANKAVU, P.O.MULAYAM.

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3. DANIEL, AGED 52, S/O.KYTHAMANGALAM JOHN, KOOTALA P.O., OLLUKARA VILLAGE.

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4. GEORGE, AGED 68 YEARS, S/O.KYTHAMANGALAM JOHN, OLLUKARA VILLAGE, MULLAKARA DESOM, THRISSUR TALUK, THRISSUR DISTRICT.

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BY ADV. SRI.S.RAJEEV

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RESPONDENTS/COMPLAINANT

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----------------------------------------------

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (218 OF 2010 OF MANNUTHI POLICE STATION).

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BY PUBLIC PROSECUTOR MR.M.S. BREEZ.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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V. RAMKUMAR, J.

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.........................................

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Bail Application No. 2608 of 2010

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........................................................

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Dated this the 8^th day of September, 2010

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ORDER

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Petitioners, who are accused Nos. 1 to 4 in Crime No.218/2010 of Mannuthi Police Station for offences punishable under Sections 323, 324, 294(b) and 326 read with Section 34 I.P.C., seeks 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.

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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 18.09.2010 or

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20.09.2010 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.

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This petition is disposed of as above.

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V.RAMKUMAR, JUDGE

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Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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