Disposed

Priyan and Others v. State of Kerala and Another

Kerala HC23 Sept 2010Bail Appl./5123/2010

Case brief

AI extract

What is this about?

In a bail application, the Court did not grant anticipatory bail but permitted surrender for interrogation. The petitioners must surrender by 4.10.2010 or 05.10.2010 so they can be produced before a Magistrate for bail consideration.

What did the court decide?

Petitioners directed to surrender for interrogation by 4.10.2010 or 05.10.2010 to seek regular bail before Magistrate.

Priyan and Others Vs State of Kerala and Another — 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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THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932

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Bail Appl..No. 5123 of 2010()

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----------------------------CRIME No.398/2010 of VIZHINJAM POLICE STATION

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PETITIONERS/ACCUSED 1 TO 7 :-

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

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1. PRIYAN, S/O.ROMAN,AGED 19 YEARS, P.N.NIVAS, NEAR KURISSADI, KOTTAPPURAM VIZHINJAM VILLAGE

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2. PRAMOD, S/O.KOOTTUMARIYAN,

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AGED 20 YEARS, NEAR KURISSADI, KOTTAPPURAM

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VIZHINJAM VILLAGE.

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3. JAYAN, S/O.BENZEN, AGED 19 YEARS,

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NEAR THENNOORKONAM, KOTTAPPURAM DECENT MUKKU, VIZHINJAM VILLAGE.

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4. NICKSON, S/O.MERCY, AGED 20 YEARS,

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NEAR KOTTAPPUAM CHURCH , VIZHINJAM VILLAGE.

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5. DHANAN,S/O.MOOTHAPPAN, AGED 20 YEARS, NEAR KOTTAPPURAM DECENT MUKKU,VIZHINJAM VILLAGE

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6. VINOD, S/O.VINCENT, AGED 20 YEARS, KADAIKULAM COLONY, VIZHINJAM VILLAGE.

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BY ADV. SRI.R.GOPAN

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RESPONDENT(S)/COMPLAINANTS :-

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

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

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2. SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PUBLIC PROSECUTOR MR.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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V. RAMKUMAR, J.

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====================== B.A. No.5123 of 2010

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====================== Dated: 23.09.2010

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ORDER

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Petitioners, who are accused Nos.2 to 7 in Crime No. 398/2010 of Vizhinjam Police Station for offences punishable under Sections 143,147,149 and 427 I.P.C. and Section 3(2)(e) of PDPP Act,1984, 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 4.10.2010 or on 05.10.2010 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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Priyan and Others v. State of Kerala and Another

Case brief

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Priyan and Others v. State of Kerala and Another

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