Allowed

Satheesh & Others v. State of Kerala

Kerala HC14 Sept 2010Bail Appl./3739/2010

Case brief

AI extract

What is this about?

The core bench considered an appeal for anticipatory bail in a case punishable under IPC Sections 457 and 435. The court refused anticipatory bail but directed the accused to surrender for police interrogation and production before the Magistrate for consideration of regular bail.

What did the court decide?

Permission to surrender before the Investigating Officer for interrogation on 24.9.2010 or 25.9.2010 for subsequent consideration of bail by the Magistrate.

Satheesh & Others 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 14TH SEPTEMBER 2010 / 23RD BHADRA 1932

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Bail Appl..No. 3739 of 2010() ----------------------------------------(CRIME NO.651/2010 OF PARAVUR POLICE STATION,KOLLAM DISTRICT)

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PETITIONERS/ACCUSED NO.1,2,3,6 AND 9:

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

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1. SATHEESH, AGED 27 YEARS, S/O.DASAN, RESIDING AT JOSE BHAVAN, KURUMANDAL, PARAVOOR, KOLLAM DISTRICT.

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2. JACOB, AGED 34 YEARS, S/O.JOHN, RESIDING AT MOOLAVILA, KURUMANDAL, KOLLAM DISTRICT.

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3. SANTHOSH, S/O.DASAN, RESIDING AT JOSE BHAVAN, KURUMANDAL, PARAVOOR, KOLLAM DISTRICT.

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4. JOSE, AGED 25 YEARS, S/O.DASAN, RESIDING AT JOSE BHAVAN, KURUMANDAL, PARAVOOR, KOLLAM DISTRICT.

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5. VIJAYAN, AGED 37 YEARS, S/O.THAMPI, VINOD HOUSE, KURUMANDAL, PARAVUR, KOLLAM DISTRICT.

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BY ADV. SRI.C.RAJENDRAN

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

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

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BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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V. RAMKUMAR, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No. 3739 of 2010

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 14^th day of September, 2010

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ORDER

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Petitioners, who are accused Nos.1, 2, 3, 6 and 9 in Crime No.651/2010 of Paravur Police Station for offences punishable under Sections 457 and 435 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 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

Satheesh & Others v. State of Kerala

Case brief

What is this about?

What did the court decide?

Satheesh & Others v. State of Kerala

Case brief

What is this about?

What did the court decide?

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