Disposed

Prakash and Another v. Sub Inspector of Police and Another

Kerala HC10 Nov 2010Bail Appl./6872/2010

Case brief

AI extract

What is this about?

Single judge of Kerala High Court denied anticipatory bail in a robbery case but directed petitioners to surrender for interrogation by 22/11/2010 or 23/11/2010 before applying for regular bail to the Magistrate.

What did the court decide?

Directedpetitioners to surrender for interrogation on22/11/2010 or23/11/2010; thereafter regular bail to be considered by Magistrate.

Prakash and Another Vs Sub Inspector of Police and Another — Anticipatory Bail | 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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WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932

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Bail Appl..No. 6872 of 2010()

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----------------------------CRIME NO.91/2009 OF THE CHAVARA POLICE STATION, KOLLAM DISTRICT.

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PETITIONERS/ACCUSED

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

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1. PRAKASH, CHANDRAVILASOM, KOTHAPURAM, KARALI.P.O., SASTHAMKOTTA, KOLLAM.

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2. AJI, KARTHIKA, KOTHAPURAM, KARALI.P.O., SASTHAMKOTTA, KOLLAM.

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENT(S): COMPLAINANT

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

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1. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT.

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

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PUBLIC PROSECUTOR SRI.M.S.BREEZE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2010, 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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Bail Application No.6872 of 2010

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Dated this the 10^th day of November, 2010

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ORDER

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The petitioners, who are accused Nos.2 & 4 in Crime No.91 of 2009 of Chavara Police Station for an offence punishable under Section 395 I.P.C., 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 22/11/2010 or on 23/11/2010 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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V.RAMKUMAR, JUDGE

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skj

Prakash and Another v. Sub Inspector of Police and Another

Case brief

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Prakash and Another v. Sub Inspector of Police and Another

Case brief

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