Disposed

Father Anto Chiramel v. State of Kerala

Kerala HC12 Nov 2010Bail Appl./6937/2010

Case brief

AI extract

What is this about?

Court denied anticipatory bail in cheque fraud/cheating case. Instead, directed petitioners to surrender by 24/11/2010 for police interrogation followed by bail from Magistrate upon completion of interrogation.

What did the court decide?

Permission to surrender by 24/11/2010 for interrogation with subsequent bail from Magistrate; 5 conditions imposed including reporting to IO and no tampering with witnesses.

Father Anto Chiramel Vs State of Kerala — 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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FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932

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Bail Appl..No. 6937 of 2010() ----------------------------------------CRIME NO.770/2010 OF THRISSUR EAST POLIE STATION, THRISSUR DIST.

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PETITIONERS/ACCUSED NOS. 1 & 2

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

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1. FATHER ANTO CHIRAMEL, AGED 49, S/O.LAZAR, RAKSHA BHAVAN, PUSHA VIHAR HOUSING COLONY, NADATHARA VILLAGE.

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2. NANCY, AGED 40, W/O.ANTO CHIRAMEL, RAKSHA BHAVAN, PUSHA VIHAR HOUSING COLONY, NADATHARA VILLAGE.

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BY ADV. SRI.B.RAMAN PILLAI,

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SRI.R. ANIL, SRI.ANIL K.MUHAMMED, SRI.SUJESH MENON V.B., SRI.T. ANILKUMAR.

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RESPONDENT/COMPLAINANT

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

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

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BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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Bail Application No.6937 of 2010

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Dated this the 12^th day of November, 2010

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ORDER

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The petitioners, who are accused Nos.1 & 2 in Crime No.770 of 2010 of Thrissur East Police Station, for offences punishable under Sections 406 & 420 read with Section 34 I.P.C., seek anticipatory bail.

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The learned Public Prosecutor opposed the

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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 23/11/2010 or on 24/11/2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of them

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Bail Appln.No.6937/2010

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: 2 :

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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 petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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The petitioners shall not commit any offence while on bail.

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If the petitioners commit breach of any of the above conditions, the bail granted to them 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

Father Anto Chiramel v. State of Kerala

Case brief

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Father Anto Chiramel v. State of Kerala

Case brief

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