Partly allowed

Balan v. State of Kerala

Kerala HC25 Mar 2010Bail Appl./309/2010

Case brief

AI extract

What is this about?

Bail Application No. 309 of 2010 by Balan for offences under Secs. 465 and 472 IPC and Section 12(1)(b) of the Passport Act, 1967. Anticipatory bail was denied as the nature of the case precluded it, but the petitioner was directed to surrender for interrogation to seek regular bail.

What did the court decide?

Petitioner permitted to surrender for interrogation before 05.04.10 or 06.04.10; regular bail to be considered by Magistrate thereafter.

Balan 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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THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932

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Bail Appl..No. 309 of 2010() ---------------------------CRIME NO.23/2010 OF THRITHALA POLICE STATION

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PETITIONERS

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BALAN, AGED 49 YEARS, S/O.KUNHAN, RESIDING AT CHATTIKKAL HOUSE,PIDAVANNUR.P.O, MOOKUTHALA, PONNANI, MALAPPURAM.

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BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN

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

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THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,THRITHALA POLICE STATION, THROUGH PUBLIC PROSECUTOR OF HIGH COURT OF KERALA.

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PUBLIC PROSECUTOR SRI.P.A.SALIM

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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===============================

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Bail Application No.309 of 2010

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=============================== DATED: 25.03.2010

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O R D E R

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Petitioner, who is the accused in Crime No.23 of 2010 of Thrithala Police Station for offences punishable under Secs.465 & 472 I.P.C. and Section 12(1)(b) of the Passport Act, 1967, 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. 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

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have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 05.04.10 or on 06.04.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear before the Magistrate who on being satisfied that the petitioner has been interrogated by the Police, shall consider and dispose of his 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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Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Balan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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