Disposed

Sharafudeen v. State of Kerala & Others

Kerala HC23 Mar 2010Bail Appl./6284/2009

Case brief

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What is this about?

In a bail application by an accused in a criminal trial, the High Court of Kerala refused anticipatory bail but directed the petitioner to surrender for interrogation before seeking release on bail from the Magistrate.

What did the court decide?

Directed petitioner to surrender for interrogation; thereafter produce before Magistrate for release on bail after executing bond with sureties and complying with conditions.

Sharafudeen Vs State of Kerala & Others — Civil Procedure and Limitation | 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

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Bail Appl..No. 6284 of 2009()

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CRIME NO. 412/2009 of POOJAPPURA POLICE STATION

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PETITIONER/ACCUSED:-

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SHARAFUDEEN, S/O.SHAHUL HAMEED, T.C.43/940, NAZAR MANZIL, PARUTHIKUZHY MANACAUD P.O., THIRUVANANTHAPURAM.

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BY ADV. MR. M.SREEKUMAR

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MR. A.ABDUL KHARIM

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RESPONDENTS/ STATE & COMPLAINANT:-

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

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ASSISTANT COMMISSIONER OF POLICE CANTONMENT POLICE STATION, THIRUVANANTHAPURAM.

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SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, POOJAPPURA, THIRUVANANTHAPURAM.

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ADV. MR. C.M. NAZER, 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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......................................... B.A. No. 6284 of 2009

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

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

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ORDER

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Petitioner who is the accused in Crime No.412 of 2009 of Poojappura Police Station for offences punishable under Sections 465, 468, 471 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

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nature. But at the same time, I am inclined to permit the

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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 26-3-2010 or 27-3-2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate concerned. On being convinced that the petitioner has been interrogated by the police, the Magistrate shall release the petitioner on bail on the petitioner executing a bond for Rs.

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B.A. No. 6284/2009

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-:2:-

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25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the

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Magistrate and subject to the following conditions:-

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

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V.RAMKUMAR, JUDGE.

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Sharafudeen v. State of Kerala & Others

Case brief

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Sharafudeen v. State of Kerala & Others

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