Disposed

Thomas and Another v. State of Kerala

Kerala HC1 Jun 2010Bail Appl./2945/2010

Case brief

AI extract

What is this about?

The High Court rejected the petitioners' plea for anticipatory bail in a case involving public nuisance and assault. Instead, the court directed the petitioners to surrender for police interrogation before applying for regular bail to a Magistrate.

What did the court decide?

Petitioners ordered to surrender for interrogation before the Investigating Officer by a specified date; regular bail application to be filed thereafter before the Magistrate. Anticipatory bail denied

Thomas and Another 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 1ST JUNE 2010 / 11TH JYAISTHA 1932

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Bail Appl..No. 2945 of 2010()

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----------------------------(CRIME NO.232/2010 OF PALLITHOTTAM POLICE STATION, KOLLAM DISTRICT)

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PETITIONERS/ACCUSED NOS.1 & 3

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THOMAS, S/O.ANTONY, HOUSE NO.22, SNEHATHEERAM NAGAR, PALLITHOTTAM CHERRY, KOLLAM WEST VILLAGE.

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ANTONY, S/O.PANKRESIOUS, HOUSE NO.22, SNEHATHEERAM NAGAR, PALLITHOTTAM CHERRY, KOLLAM WEST VILLAGE.

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BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR

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RESPONDENT: COMPLAINANT

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STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PALLITHOTTAM POLICE STATION (KOLLAM) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.TEK CHAND

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON 01/06/2010 PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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BA.No.2945 of 2010

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Dated this the 1^st day of June, 2010

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ORDER

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Petitioners, who are accused in Crime No.232/2010 of Pallithottam Police Station for offences punishable under Sections 294(b), 323, 324, 308 read with Section 34 of the I.P.C., seek 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. 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 09.06.2010 or on 1 0.06.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter appear 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

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B.A.No.2945/2010

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: 2 :

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preferably on the same date on which it is filed. This petition is disposed of as above.

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V.RAMKUMAR, JUDGE

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skj

Thomas and Another v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thomas and Another v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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