Allowed

Abdul Rasheed v. State of Kerala

Kerala HC7 Sept 2010Bail Appl./2715/2010

Case brief

AI extract

What is this about?

The High Court rejected an application for anticipatory bail but permitted the petitioner to surrender for interrogation. Bail may be granted subsequently before a Magistrate upon fulfillment of specified conditions.

What did the court decide?

Bail not granted as anticipatory bail but petitioner permitted to surrender for interrogation; regular bail to be considered by Magistrate after interrogations on executing bond with sureties.

Abdul Rasheed 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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TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932

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Bail Appl..No. 2715 of 2010()

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---------------------------------------CRIME NO.356/2010 OF SAKTHIKULANGARA POLICE STATION.

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PETITIONER/ACCUSED

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

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ABDUL RASHEED, AGED 30 YEARS, S/O.THAGKAL KUNJU, URUMALOOR PADINJATTATHIL, KUNNINMELCHERI, KAVANADU P.O., KOLLAM.

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BY ADV. SRI.NAGARAJ NARAYANAN

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

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

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*ADDL. R2 IMPLEADED

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2. STANCILAVAS , S/O.JOSEPH, KALLUVILA PUTHENVEEDU, SNEHA NAGAR 98, MANGADU, SAKTHIKULANGARA, KOLLAM.

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*ADDL. R2 IS IMPLEADED AS PER ORDER DT. 16.7.2010 IN CRL.MA. 4237/2010 IN BA. 2715/2010. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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V. RAMKUMAR, J.

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

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B.A. No. 2715 of 2010

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.......................................... Dated this the 7^th day of September, 2010.

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ORDER

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Petitioner, who is the accused in Crime No.356/2010 of Sakthikulangara Police Station for offences punishable under Sections 283, 294(b) and 332 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

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nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 17.09.2010 or 18.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall preferably on the same date on which the application is filed,

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B.A.No. 2715/2010 2

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release the petitioner on bail on his executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent

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sureties each for the like amount to the satisfaction of the

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Magistrate and subject to the following conditions:-

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

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

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

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Petitioner shall not commit any offence while on bail.

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

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This petition is disposed of as above.

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Dated this the 7^th day of September, 2010.

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V.RAMKUMAR, JUDGE

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Abdul Rasheed v. State of Kerala

Case brief

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Abdul Rasheed v. State of Kerala

Case brief

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