Disposed

T.P.Shahis and 3 Others v. the State of Kerala

Kerala HC6 Dec 2010Bail Appl./6276/2010

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application filed by accused Nos. 2 to 4 seeking anticipatory bail for offences under Sections 143, 147, 148, 341, 324 and 308 IPC. While noting that anticipatory bail is not appropriate in such cases, the court directed the petitioners to surrender for interrogation before seeking regular bail from the Magistrate.

What did the court decide?

Accused directed to surrender for interrogation before 17.12.2010 or 18.12.2010 and thereafter file bail application before Magistrate.

T.P.Shahis and 3 Others Vs the State of Kerala — 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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MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932

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Bail Appl..No. 6276 of 2010()

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---------------------------------------CMC.885/2010 of DISTRICT COURT, MANJERI CRIME NO.257/2010 OF THENHIPPALAM POLICE STATION, MALAPPURAM DIST.

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PETITIONER (S): ACCUSED NO.2 TO 4

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

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1. T.P.SHAHIS, S/O.T.P.KUTTIYAMMU MAYYANKUNISSERY HOUSE, CHENAKKALANGADI PO, MALAPPURAM DISTRICT.

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2. T.P.SHEFI, S/O.T.P.IMBICHIKOYA, THAVAKKAL HOUSE, CHENAKKALANGADI PO, MALAPPURAM DISTRICT.

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3. KONNOLA SAHAD S/O.KONNOLA SAIDALAVI, CHENAKKALANGADI PO, MALAPPURAM DISTRICT.

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4. M.ABUDL HASEEB, S/O.HASSAN KUTTY APPELLAT HUDA HOUSE, CHENAKKALANGADI PO, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.M.FIROZ

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RESPONDENT(S): STATE

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

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THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE THENHIPPALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.V.TEKCHAND

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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V. RAMKUMAR, J.

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.........................................

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B.A. No. 6276 of 2010

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.......................................... Dated this the 6^th day of December, 2010 ORDER

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Petitioners, who are accused Nos. 2 to 5 in Crime No. 257 of 2010 of Thenhippalam Police Station for offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 IPC, 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 17.12.2010 or on 18.12.2010 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 6^th day of December, 2010.

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V.RAMKUMAR, JUDGE.

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T.P.Shahis and 3 Others v. the State of Kerala

Case brief

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T.P.Shahis and 3 Others v. the State of Kerala

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