Partly allowed

Santhosh v. State

Kerala HC23 Sept 2010Bail Appl./5184/2010

Case brief

AI extract

What is this about?

The High Court of Kerala rejected a plea for anticipatory bail in a cheating and criminal breach of trust case. Instead, it permitted the accused to surrender for interrogation and obtain regular bail from the Magistrate after interrogation was completed, subject to strict conditions.

What did the court decide?

Petitioner permitted to surrender for interrogation and then file for regular bail; bail granted subject to reporting and conduct conditions.

Santhosh Vs State — 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 THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932

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Bail Appl..No. 5184 of 2010()

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----------------------------CRIME No.985/2010 of ANKAMALI POLICE STATION

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

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PETITIONER/ACCUSED :-

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

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K.SANTHOSH, S/O. GOPI NAIR, KUNJIRATH HOUSE, THACHMPARA, MANNARKKAD, PALAKKAD.

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BY ADV. SRI.VINOD KUMAR.C

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RESPONDENT(S)/RESPONDENT :-

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

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STATE, REPRESENTED BY S.I. OF POLICE, ANKAMALI, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR MR.M.S.BREEZE

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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.5184 of 2010

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Dated: 23.09.2010 ORDER

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Petitioner, who is the accused in Crime No.985/2010 of Ankamali Police Station for offences punishable under Sections 408 and 420 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 4.10.2010 or on 05.10.2010 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 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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B.A.No. 5184 /2010

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-:2:-

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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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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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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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Santhosh v. State

Case brief

What is this about?

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Santhosh v. State

Case brief

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