Partly allowed

Anil Kumar v. State of Kerala

Kerala HC10 Nov 2010Bail Appl./6934/2010

Case brief

AI extract

What is this about?

The High Court of Kerala rejected the grant of anticipatory bail but directed the petitioner to surrender for interrogation. Upon completion of interrogation by the magistrate, the petitioner shall be released on bail subject to specific conditions.

What did the court decide?

Petitioner directed to surrender on 22/11/2010 or 23/11/2010 for interrogation; thereafter to be released on bail upon magistrate's satisfaction subject to conditions.

Anil Kumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932

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Bail Appl..No. 6934 of 2010() -----------------------------------------CRIME NO.538/2010 OF MARARIKULAM POLICE STATION, ALAPPUZHA DISTRICT.

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PETITIONER/ACCUSED NO.2 ------------------------------------------ANIL KUMAR @ ANI, S/O.ANIRUDHAN, KUTTILAM PARAMBIL, WARD NO.9, MARARIKULAM NORTH GRAMA PANCHAYATH, CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADV. SRI.R.AZAD BABU

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RESPONDENT(S): ------------------------STATE OF KERALA, REPRESENTED BY 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.6934 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 petitioner, who is accused No.2 in Crime No.538 of 2010 of Mararikulam Police Station for offences punishable under Sections 143, 147, 148, 149, 452, 323, 324 I.P.C. and Sec.3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 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 22/11/2010 or on 23/11/2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced that the petitioner has been interrogated by the

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Bail Appln.No.6934/2010

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: 2 :

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police, shall release the petitioner on bail on the petitioner executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the 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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The 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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The 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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V.RAMKUMAR, JUDGE

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skj

Anil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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