Dismissed

Mangalan & Another v. State of Kerala

Kerala HC15 Sept 2010Bail Appl./3600/2010

Case brief

AI extract

What is this about?

In a bail application for anticipated offences including robbery and culpable homicide, the court refused anticipatory bail. The petitioners were directed to surrender for interrogation and recover material before applying for regular bail to the Magistrate.

What did the court decide?

Anticipatory bail refused; petitioners directed to surrender for interrogation by 24.9.2010 or 25.9.2010 and be produced before the Magistrate for regular bail consideration.

Mangalan & 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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WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932

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Bail Appl..No. 3600 of 2010(F)

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-----------------------------------------(CRIME NO.400/2010 OF THE EAST KALLADA POLICE STATION, KOLLAM DISTRICT)

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PETITIONER/ACCUSED NOS. 1 & 2:

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

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1. MANGALAN, THOTTUMKARAYI, MANTROTHURUTH, NENMENY, KOLLAM.

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2. DASAPPAN @ DASAN, AGED 38 YEARS, S/O.DAS KARUNAKARA VILASAM, MANDROTHURUTH VILLAGE, KOLLAM DISTRICT.

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BY ADV. SRI.C.RAJENDRAN.

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RESPONDENT/COMPLAINANT:

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

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR, EAST KALLADA POLICE STATION, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. M.S. BREEZE.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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V. RAMKUMAR, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No. 3600 of 2010

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 15^th day of September, 2010

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ORDER

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Petitioners, who are accused Nos.1 and 2 in Crime No.400/2010 of East Kallada Police Station for offences punishable under Sections 395, 332, 308, 353, 294(b) I.P.C. and Section 3(1) of PDPP Act, seek anticipatory bail.

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2. 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 24.9.2010 or 25.9.2010 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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dmb

Mangalan & Another v. State of Kerala

Case brief

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Mangalan & Another v. State of Kerala

Case brief

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