Dismissed

Sumesh v. State of Kerala

Kerala HC9 Sept 2010Bail Appl./4150/2010

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an anticipatory bail application for an accused in forgery and forgery-related offences. The judge declined to grant bail but permitted the accused to surrender for interrogation before applying for regular bail before the Magistrate. Par 20 holds that anticipatory bail cannot be granted.

What did the court decide?

Anticipatory bail denied; petitioner directed to surrender on 20.09.2010 or 22.09.2010 for interrogation before seeking regular bail.

Sumesh Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932

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Bail Appl..No. 4150 of 2010() ----------------------------------------CRIME NO.529/2010 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT. ....................

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PETITIONER/1ST ACCUSED

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---------------------------------------SUMESH, AGED 29 YEARS, S/O.GOPALAKRISHNAN, PARAMBIL THEKKATHIL HOUSE, KALLUMTHAZHAM, KILIKOLLOOR, KOLLAM DISTRICT.

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BY ADV. SRI.C.RAJENDRAN

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RESPONDENT/COMPLAINANT

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

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BY PUBLIC PROSECUTOR MR.M.S. BREEZ.

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

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rs.

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V. RAMKUMAR, J.

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

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Bail Application No. 4150 of 2010

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

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Dated this the 9^th day of September, 2010

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ORDER

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Petitioner, who is the first accused in Crime No.529/2010 of Kilikolloor Police Station for offences punishable under Sections 468 and 471 read with 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 nature.

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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 20.09.2010 or 22.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced 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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Sumesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sumesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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