Disposed

Biju v. State of Kerala

Kerala HC16 Nov 2010Bail Appl./6969/2010

Case brief

AI extract

What is this about?

The High Court of Kerala rejected an application for anticipatory bail in a case involving offences under Sections 341 and 307 I.P.C. Instead, the court directed the applicant to surrender for interrogation. Subsequent bail before the Magistrate was approved if incomplete bail was executed with conditions including reporting, availability for interrogation, non-influence of witnesses, and no furth

What did the court decide?

Anticipatory bail refused; applicant directed to surrender for interrogation; bail pending before Magistrate permitted; applicant subject to strict reporting and conduct conditions.

Biju Vs State of Kerala — Bail and Remand | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Bail Appl..No. 6969 of 2010() ---------------------------------------CRIME NO.786/2010 OF MALA POLICE STATION, THRISSUR DISTRICT. ........................ APPLICANT/ACCUSED: ---------------------------------BIJU, AGED 33 YEARS, S/O.DEVASSY, MANAKKALAN HOUSE, KAKKANNI, DHONI (P.O.), KOOVAKKATTU DESOM, MELOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR.

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BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.REVIKRISHNAN, SRI.UNNI SEBASTIAN KAPPEN.

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RESPONDENT/COMPLAINANT: --------------------------------------------STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE S.I.OF POLICE, MALA POLICE STATION.

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BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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......................................... B.A. No.6969 of 2010

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.......................................... Dated: 16.11.2010 ORDER

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Petitioner, who is the 1^st accused in Crime No.786/2010 of Mala Police Station for offences punishable under Sections 341 and 307 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

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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 27.11.2010 or on 29.11.2010 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 police, shall release the petitioner on bail on the petitioner executing a bond for Rs. 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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B.A.No.6969 /2010

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-:2:-

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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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V.RAMKUMAR, JUDGE

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Biju v. State of Kerala

Case brief

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Biju v. State of Kerala

Case brief

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