Disposed

Ajayakumar v. State of Kerala

Kerala HC24 Mar 2010Bail Appl./299/2010

Case brief

AI extract

What is this about?

The High Court of Kerala, refusing anticipatory bail in a cheating and criminal breach of trust case, directed the first accused to surrender for police interrogation. The petitioner is to then apply for regular bail before the Magistrate, who may grant it subject to specific conditions if satisfied with the interrogation.

What did the court decide?

Anticipatory bail refused; petitioner directed to surrender for interrogation and subsequently apply for regular bail before the Magistrate, who may grant it subject to interim conditions.

Ajayakumar Vs State of Kerala — Cheque Dishonour | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 299 of 2010() [ CRIME NO. 845/2009 OF CHERPU POLICE STATION, TRISSUR DISTRICT] ---------------------------APPLICANTS/ACCUSED NO.1 ------------------------------------------AJAYAKUMAR, AGED 39 YEARS, S/O.ARAVINDAKSHAN, KUTTIKATT HOUSE, PONGANAMKAD DESOM, KURICHIKKARA VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN

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RESPONDENT: COMPLAINANT ----------------------------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, CHERPU POLICE STATION. PUBLIC PROSECUTOR MR. P.A.SALIM

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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PKK

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V. RAMKUMAR, J.

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......................................... B.A. No. 299 of 2010

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

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Dated this the 24^th day of March, 2010.

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ORDER

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Petitioner who is the 1^st accused in Crime

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No. 806 of 2009 of Cherpu Police Station for offences punishable under Sections 403, 406, 417 and 420 r/w 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 05-04-2010 or 06-04-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear 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

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B.A. No. 299/2010

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-:2:-

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shall preferably on the same date on which the application is filed, release the petitioner on bail on the petitioner executing a

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bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction

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of the 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 commits 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 24^th day of March, 2010.

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V.RAMKUMAR, JUDGE.

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Ajayakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajayakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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