The High Court rejected an application for anticipatory bail in a cheating case under the Abkari Act due to its nature, but permitted the petitioner to surrender for police interrogation before filing for regular bail.
Petitioner permitted to surrender for interrogation; anticipatory bail not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932
Bail Appl..No. 6996 of 2010() --------------------------------------( CRIME NO. 401/09 OF ANCHAL POLICE STATION, QUILON DIST ) ----------------
PETITIONER/A12 ------------------------JOHNY MATHEW, AGE 48, S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA. BY ADV. SRI.C.P.UDAYABHANU
RESPONDENT(S): COMPLAINANT -----------------------------------------------STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE(CRIME NO.401/09), ANCHAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.M.S.BREEZE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
V. RAMKUMAR, J.
B.A. No. 6996 of 2010
Dated this the 15th day of November, 2010. ORDER
Petitioner who is the accused in Crime No. 401 of 2009 of Anchal Police Station for an offence punishable under Section 55(a) of the Abkari Act, seeks anticipatory bail.
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 29.11.2010 or on 30.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed.
This petition is disposed of as above.
Dated this the 15th day of November, 2010.
V.RAMKUMAR, JUDGE.
rv
2 issues framed by the court
Whether anticipatory bail can be granted in a case under Section 55(a) of the Abkari Act.
Whether the petitioner must surrender for interrogation before applying for regular bail.
1 provisions across 1 enactments
JOHNY MATHEW
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
