Disposed

Abdul Salam and Others v. Sub Inspector of Police and Another

Kerala HC23 Mar 2010Bail Appl./5981/2009

Case brief

AI extract

What is this about?

The High Court of Kerala refused anticipatory bail to accused persons facing charges under IPC and the Arms Act. Instead, the court directed the petitioners to surrender for interrogation before the Investigating Officer within two days, after which regular bail would be considered by the Magistrate.

What did the court decide?

Direction to surrender for interrogation before I.O. on specified dates and subsequent production before Magistrate for bail consideration.

Abdul Salam and Others Vs Sub Inspector of Police 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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TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 5981 of 2009()

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CRIME NO. 848/2009 of KOTTIYAM POLICE STATION

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PETITIONERS/ACCUSED 1,2,3 AND 5:-

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ABDUL SALAM, S/O. ABDUL AZEEZ, SAJINA MANZIL UMAYANALLOOR.P.O., KOLLAM.

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SAJEEV, S/O. BABU THAHA, NEDIYAVILA VEEDU, UMAYANELLOOR, KOLLAM.

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NAZAR, S/O. KASIM JUNJU, PLVILA PUTHEN VEEDU, UMAYANELLOOR, KOLLAM.

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NAVAS, S/O. ABDUL RAHIMAN SHEEBA NIVAS, UMAYANELLOOR, KOLLAM.

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BY ADV. MR. T.G.RAJENDRAN

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RESPONDENTS/ COMPLAINANT/STATE:-

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THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION.

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

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ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No. 5981 of 2009

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

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Dated this the 23^rd day of March, 2010.

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O R D E R

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Petitioners who are accused Nos. 1, 2, 3 and 5 in Crime No.848 of 2009 of Kottiyam Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 326 and 452 r/w Section 149 I.P.C and Section 27 of the Arms Act, 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 26.03.2010 or 27.03.2010 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 who shall consider and dispose of their applications 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 23^rd day of March, 2010.

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V.RAMKUMAR, JUDGE.

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-:2:-

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Abdul Salam and Others v. Sub Inspector of Police and Another

Case brief

What is this about?

What did the court decide?

Abdul Salam and Others v. Sub Inspector of Police and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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