Dismissed

Nagappan and Others v. State of Kerala and Others

Kerala HC9 Nov 2010Bail Appl./4740/2010

Case brief

AI extract

What is this about?

The High Court of Kerala rejected the grant of anticipatory bail in a case involving offences under Section 143, 147, 148, 324, 342, and 332 IPC read with Section 149 IPC. However, the court permitted the petitioners to surrender for interrogation and then seek regular bail from the Magistrate.

What did the court decide?

Petitioners permitted to surrender before Investigating Officer on 22.11.2010 or 23.11.2010 for interrogation; thereafter to seek regular bail from Magistrate.

Nagappan and Others Vs State of Kerala and Others — 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 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932

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Bail Appl..No. 4740 of 2010()

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----------------------------------------------CRIME NO.222/2010 OF MARAYOOR POLICE STATION

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PETITIONERS/ ACCUSED 5-9

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NAGAPPAN, S/O.KUPPAN, PONGUMPALLY ST COLONY, KEEZHAMTHUR VILLAGE, IDUKKI DISTRICT.

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THILLARAJ, S/O.KARUPPAN, -DO-, -DO-.

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SUBRAMANIAN, S/O.PACHAYYAN, -DO-, -DO-.

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GANESAN, S/O.NAGAPPAN, -DO-, -DO-.

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SUBRAN, S/O.VELLAYYAN, -DO-.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S): STATE & C0MPLAINANT

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STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM.

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SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, IDUKKI DISTRICT.

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CIRCLE INSPECTOR OF POLICE, MUNNAR POLICE STATION.

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PUBLIC PROSECUTOR SRI.M.S.BREEZE

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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B.A. No.4740 of 2010

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.......................................... Dated: 09.11.2010 ORDER

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Petitioners, who are accused Nos.5,6,16,8 and 9 in Crime No.222/2010 of Marayoor Police Station for offences punishable under Sections 143,147,148,324,342 and 332 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.

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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 22.11.2010 or on 23.11.2010 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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Dated this the 9^th day of November, 2010.

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V.RAMKUMAR, JUDGE

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Nagappan and Others v. State of Kerala and Others

Case brief

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Nagappan and Others v. State of Kerala and Others

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