Disposed

Thomas George v. State of Kerala

Kerala HC6 Sept 2010Bail Appl./4298/2010

Case brief

AI extract

What is this about?

High Court of Kerala heard a bail application under Section 420 IPC. The court refused anticipatory bail but permitted the petitioner to surrender for interrogation and obtain regular bail from the Magistrate under specific conditions.

What did the court decide?

Petitioner permitted to surrender on 17.09.2010 or 18.09.2010 for interrogation; regular bail to be sought before Magistrate; bail bond of Rs. 15,000 required.

Thomas George 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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MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932

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Bail Appl..No. 4298 of 2010() ----------------------------------------CRIME NO.747/2010 OF THIRUVALLA POLICE STATION.

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PETITIONER/ACCUSED

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

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THOMAS GEORGE, PROPRIETOR, MODI HOMES, NO.1/426 A, NELLAD, THIRUVALLA, PATHANAMTHITTA.

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BY ADV. SRI.LIJU.V.STEPHEN

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RESPONDENTS/STATE & COMPLAINANT

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

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA.

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3. DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA POLICE STATION, THIRUVALLA.

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R1 TO R3 BY PUBLIC PROSECUTOR MR.M.S. BREEZ.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/09/2010,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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......................................... B.A. No.4298 of 2010

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.......................................... Dated: 06.09.2010 ORDER

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Petitioner who is the sole accused in Crime No.747/2010 of Thiruvalla Police Station for an offence punishable under Section 420 IPC, 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 have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 17.09.2010 or on 18.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced 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 shall preferably on the same date on which the application is filed, release the petitioner on bail on the petitioner executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:-

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B.A.No.4298 /2010

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-:2:-

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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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V.RAMKUMAR, JUDGE

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Thomas George v. State of Kerala

Case brief

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Thomas George v. State of Kerala

Case brief

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