Dismissed

Mrs.Saudamini & Another v. State of Kerala

Kerala HC7 Dec 2010Bail Appl./6632/2010

Case brief

AI extract

What is this about?

The High Court of Kerala denied anticipatory bail in a Section 498-A IPC case before police interrogation. The court directed the petitioners to surrender for interrogation and police recording of reasons for arrest, after which the Magistrate must decide on regular bail.

What did the court decide?

Anticipatory bail denied; petitioners directed to surrender for interrogation on 17/12/2010 or 18/12/2010.

Mrs.Saudamini & Another Vs State of Kerala — Anticipatory Bail | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR

¶3

TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Bail Appl..No. 6632 of 2010() -----------------------------------------(CRIME NO.482/2010 OF PANANGAD POLICE STATION,ERNAKULAM DIST.)

¶4

PETITIONERS/ACCUSED:

¶5

-----------------------------------1. MRS.SAUDAMINI, AGED 60 YEARS, 23/1864B, MINI ANAND, LEO LANE,THYKOODAM, VYTTILA. 2. S.JAGADISH BABU, AGED 34 YEARS, 23/1864B, MINI ANAND, LEO LANE, THYKOODAM, VYTTILA. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE, BY ADV. SRI.SOJAN MICHEAL.

¶6

RESPONDENT(S): COMPLAINANT:

¶7

**--------------------------------------------------STATE OF KERALA -(S.I OF POLICE, PANANGAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R2 IMPLEADED:*

¶8

R2. JAYASREE, D/O.SATHYAVATHY, SATHYA VIHAR, SANTHI NAFAR, N.S.S.ENGINEERING COLLEGE, PALAKKAD - 678 012.

¶9

**(ADDL.R2 IS IMPLEADED AS PER ORDER DTD.07/12/2010 IN CRL.M.A.NO.7096/2010)*

¶10

R1 BY PUBLIC PROSECUTOR SRI.V.TEKCHAND R2 BY ADV. SRI.P.K.MOHANAN(PALAKKAD)

¶11

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶12

Kss

¶13

V.RAMKUMAR, J.

¶14

Bail Application No.6632 of 2010

¶15

Dated this the 07^th day of December, 2010

¶16

ORDER

¶17

Petitioners, who are accused Nos.1 & 2 in Crime No.482 of 2010 of Panangad Police Station for an offence punishable under Section 498-A I.P.C., seek anticipatory bail.

¶18

The learned Public Prosecutor opposed the

¶19

application.

¶20

After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (Crl.Appeal No. 2271 of 2010), I am of the view that anticipatory bail cannot be granted in a case of this nature, since the investigating officer has not had the advantage of interrogating the petitioners. 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

¶21

Bail Appln.No.6632/2010

¶22

: 2 :

¶23

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. In case the investigating officer is of the view that having regard to the facts of the case arrest of the petitioners are imperative he shall record his reasons for the arrest in the case diary as insisted in paragraph 129 of Siddharam Satlingappa Mhetre's case (supra). 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. In case the interrogation of the petitioners are without arresting him, the petitioners shall thereafter appear before the Magistrate and apply for regular bail. The Magistrate on being satisfied that the petitioners have

¶24

Bail Appln.No.6632/2010

¶25

: 3 :

¶26

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.

¶27

This petition is disposed of as above. Dated this the 07^th day of December, 2010.

¶28

V.RAMKUMAR, JUDGE

¶29

skj

Mrs.Saudamini & Another v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mrs.Saudamini & Another v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

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

Rahul Vs State of Kerala

Shri.Kamal Singh Vs Special Public Prosecutor

Naveen Chandran and Another Vs State of Kerala

Syam Kumar Vs State

Praveen Vs State of Kerala