Partly allowed

K.Ajith v. State of Kerala

Kerala HC23 Mar 2010Bail Appl./6294/2009

Case brief

AI extract

What is this about?

Single judge rejected anticipatory bail seeking for offences of mischief and voluntarily causing hurt. Instead, court directed petitioner to surrender for interrogation before regaining right to bail.

What did the court decide?

Petitioner directed to surrender for interrogation; thereafter to be produced before Magistrate for release on bail on security of Rs. 25,000 with two sureties each for similar amount subject to stric

K.Ajith Vs 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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TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932

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Bail Appl..No. 6294 of 2009() --------------------------------

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CRIME NO. 411/2009 of SHORANUR POLICE STATION

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PETITIONER/ 1ST ACCUSED:-

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K.AJITH, AGED 43 YEARS, S/O.ACHUTHAANA EZHUTHASSAN, KURUVANGATTIL HOUSE, P.O.KAVALAPPARA, SHORANUR.

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BY ADV. MR. SANTHEEP ANKARATH

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RESPONDENT/COMPLAINANT:-

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, SHORANUR POLICE STATION.

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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. 6294 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 1^st accused in Crime

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No. 411 of 2009 of Shoranur Police Station for offences punishable under Sections 447 and 326 r/w Section 34 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 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

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B.A. No. 6294/2009

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-:2:-

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petitioner on bail on the petitioner executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent

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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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K.Ajith v. State of Kerala

Case brief

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K.Ajith v. State of Kerala

Case brief

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