Dismissed

Babu & Another v. S.H.O.Pariyaram Mch

Kerala HC14 Sept 2010Bail Appl./4566/2010

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an anticipatory bail application filed by accused Nos. 4 and 5 in a case involving disturbances and culpable hurt. The Court refused interim bail but directed the petitioners to surrender for interrogation before seeking regular bail from the Magistrate.

What did the court decide?

Anticipatory bail denied; petitioners directed to surrender by 24/09/2010 or 25/09/2010 for interrogation before applying for regular bail.

Babu & Another Vs S.H.O.Pariyaram Mch — Bail and Remand | 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. 4566 of 2010() -----------------------------------------(CR.NO.115/2010 OF PARIYARAM MCH POLICE STATION, KANNUR DISTRICT) .....

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PETITIONERS:ACCUSED 4 & 5TH:

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

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1. M.BABU, S/O.KORAN, AGED 36, MANICHERI HOUSE, PARIYARAM AMSOM, C POYIL, KANNUR DT.

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2. PRASANTH.D, AGED 30, S/O.DAMODARAN, AMMANAPPARA, PARIYARAM AMSOM, C POYIL, KANNUR DT.

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BY ADVS. SMT.M.R.JAYALATHA, SRI.M.C.RATNAKARAN.

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RESPONDENT(S):

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

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STATION HOUSE OFFICER, PARIYARAM MCH POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR SRI. M.S. BREEZ

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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.4566 of 2010

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Date: 14.09.2010 ORDER

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Petitioners who are accused Nos.4 and 5 in Cr. No. 115/2010 of Pariyaram MCH Police Station for offences punishable under Sections 143,147,148,341 and 326 read with 149 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 24.09.2010 or on 25.09.2010 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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Babu & Another v. S.H.O.Pariyaram Mch

Case brief

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Babu & Another v. S.H.O.Pariyaram Mch

Case brief

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What the court decided

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