Disposed

Jayaseelan.R. v. State of Kerala

Kerala HC14 Sept 2010Bail Appl./4330/2010

Case brief

AI extract

What is this about?

The High Court declined to grant anticipatory bail in a theft case. Instead, the petitioner was directed to surrender for interrogation and file a bail application before the Magistrate, with the expectation of release on fulfillment of conditions.

What did the court decide?

Petitioner directed to surrender for interrogation and file bail application; bail to be considered by Magistrate based on interrogation report.

Jayaseelan.R. Vs State of Kerala — Civil Procedure and Limitation | 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. 4330 of 2010(A)

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----------------------------------(CRIME NO.4:0 OF 2010 OF THE CHENGANNUR POLICED STATION, ALAPPUZHA DISTRICT. CRMP.1646/2010 of ADDL.DISTRICT COURT-I,MAVELIKKARA) ....................

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PETITIONER (S)/1ST ACCUSED

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

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JAYASEELAN R., MANAGER, INDUS IND BANK LTD., THIRUVANANTHAPURAM BRANCH, TC NO.38/492(II), AYYAPPA BUILDING, KOCHAR ROAD, CHOORAKKATTUPALAYAM, THIRUVANANTHAPURAM.

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BY ADVS. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE

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RESPONDENT(S): 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. THE STATION HOUSE OFFICER, CHENGANNUR POLICE STATION, ALAPPUZHA.

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PUBLIC PROSECUTOR SRI. M.S. BREEZE

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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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SVS/

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V.RAMKUMAR, J.

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Bail Application No.4330 of 2010

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Dated this the 14^th day of September, 2010

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ORDER

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The petitioner, who is accused No.1 in Crime No.410/2010 of Chengannur Police Station for offences punishable under Sections 380, 382 & 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. 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 23/9/2010 or on 24/9/2010 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

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Bail Appln.No.4330/2010

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: 2 :

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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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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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The 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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The 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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skj

Jayaseelan.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jayaseelan.R. v. State of Kerala

Case brief

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