Disposed

N.Gopinathan Pillai v. State of Kerala

Kerala HC25 Mar 2010Bail Appl./479/2010

Case brief

AI extract

What is this about?

The High Court of Kerala declined to grant anticipatory bail in a cheating case. Instead, it directed the petitioners to surrender for interrogation and then approached the Magistrate to be released on bail, subject to specific conditions including surrendering for interrogation, reporting weekly, and not influencing witnesses.

What did the court decide?

Directing petitioners to surrender for interrogation and approach Magistrate for bail after being convinced of satisfactory interrogation.

N.Gopinathan Pillai 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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THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932

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Bail Appl..No. 479 of 2010()

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CRIME NO. 162 OF 2010 OF KARUNAGAPPALLY POLICE STATION

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PETITIONERS

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SRI.N.GOPINATHAN PILLAI, AGED 73 YEARS S/O.KRISHNAN PILLAI, KOUSTHABHAM VEETIL KADUNGALLOOR MURIYIL KARAYIL

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ALUVA WEST VILLAGE, ALUVA TALUK,ERNAKULAM.

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SMT. VANAJAKSHY AMMA, AGED 65 YEARS W/O.N.GOPINATHAN PILLAI, KOUSTHABHAM VEETIL KADUNGALLOOR MURIYIL KARAYIL, ALUVA WEST VILLAGE ALUVA TALUK, ERNAKULAM.

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BY ADV. SRI.K.GOPALAKRISHNA KURUP

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RESPONDENT(S):

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

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VIMALAKUMAR @ VIMALA PILLAI, RESIDING AT NO. 38, PJS 9/8

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BANDAR SUNWAY, PETALING JAYA, SELANGAR, MALAYSIA R2 IMPLEADED AS PER ORDER DATED 25-3-2010 IN CRL.M.A. NO. 625 OF 2010.

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PUBLIC PROSECUTOR FOR P.A. SALIM

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SRI.G.JANARDHANA KURUP, SENIOR ADVOCATE . SRI.JOHN K.GEORGE AND SRI.JAI GEORGE FOR ADDL.RESPONDENT.

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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......................................... B.A. NO. 479 of 2010

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.......................................... Dated: 25^th March, 2010

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ORDER

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Petitioners who are the accused in Crime No. 162 of 2010 of Karunagappally Police Station for offences punishable under Sections 418, 463, 464 and 467 of I.P.C. seek anticipatory bail.

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The learned Public Prosecutor opposed the application. 3. 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 54-2010 or 6-4-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioners have been interrogated by the police, the Magistrate shall release the petitioners on bail on each of the petitioners executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the

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B.A. No. 479 of 2010

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-:2:-

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like amount to the satisfaction of the Magistrate and subject to the following conditions:-

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Petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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Petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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Petitioners shall not commit any offence while on bail.

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If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This petition is disposed of as above.

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Dated this the 25^th day of March, 2010.

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Sd/- V.RAMKUMAR, JUDGE

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ani

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/true copy/

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P.S. To Judge

N.Gopinathan Pillai v. State of Kerala

Case brief

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N.Gopinathan Pillai v. State of Kerala

Case brief

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