The High Court denied anticipatory bail in a case involving public property offences and order police interrogation before regular bail consideration.
Directing petitioners to surrender before investigating officer on specified dates for interrogation; regular bail to be considered subsequently.
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 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932
Bail Appl..No. 7071 of 2010() ----------------------------------------(CRIME NO.843/2009 OF CHAVARA POLICE STATION,CHAVARA, KOLLAM DISTRICT)
PETITIONERS:ACCUSED:
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1. MANCHIAM HARIKUMAR, AGED 30 YEARS, S/O.GOPALAKRISHNAN, VRINDAVANAM HOUSE, CHITTOOR MURI, PANMANA, CHAVARA NOW RESIDING AT CHERUSSERY BHAGOM MURI, CHAVARA, KOLLAM DISTRICT.
2. PRADEEP @ SANTHOSH,AGED 32 YEARS, S/O. FELIX, 'ELSYMANDIRAM',KOVILTHOTTAM, SANKARAMANGALAM PO,CHAVARA, KOLLAM.
3. SHIBU @ JUDE ANTONY,AGED 33 YEARS, S/O.ANTONY, VADAKKEDATHU PANDINJATTATHIL KULANGARA BHAGOM,SANKARAMANGALAM PO,CHAVARA, KOLLAM.
4. CHRISTY J @ SABU,AGED 36 YEARS, S/O.JAMES, 'MEGHALAYAM' CHERUSSERY BHAGOM, SANKARAMANGALAM PO,CHAVARA, KOLLAM DISTRICT.
5. SIVA PRASAD, AGED 33 YEARS, S/O.GOPALAKRISHNAN, VRINDAVANAM HOUSE, CHITTOOR MURI, PANMANA, CHAVARA, NOW RESIDING AT CHERUSSERY BHAGOM MURI, CHAVARA,KOLLAM DISTRICT.
6. APPUNNI, AGED 27 YEARS, S/O.SHERIEF, VAZHATHARAYIL HOUSE, KULANGARA BHAGOM,SANKARAMANGALAM PO., CHAVARA,KOLLAM DISTRICT.
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B.A.NO.7071/2010
7. DILEEP, AGED 30 YEARS, S/O.THULASIDHARAN, DILEEP BHAVAN, CHERUSSERY BHAGOM,SANKARAMANGALAM PO., CHAVARA,KOLLAM DISTRICT.
8. BINU, AGED 26 YEARS, S/O.BABU, CHIRAKKALAYIL HOUSE, CHERUSSERY BHAGOM,SANKARAMANGALAM PO., CHAVARA,KOLLAM DISTRICT.
9. ANU, AGED 23 YEARS, S/O.BABU,CHIRAKKALAYIL HOUSE, CHERUSSERY BHAGOM, SANKARAMANGALAM PO., CHAVARA,KOLLAM DISTRICT.
BY ADVS. SRI.C.S.MANU,
SRI.S.K.PREMRAJ.
RESPONDENT(S): COMPLAINANT & THE DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION,CHAVARA, KOLLAM DISTRICT (NOTICE TO WHOM MAY BE SERVED ON PUBLIC PROSECUTOR, HIGH COURT OF KERALA).
2. MARYDASAN, AGED 28 YEARS, S/O.GABRIYEL, JAKLIN MANDIRAM, KOVIL THOTTAM, CHAVARA, KOLLAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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V. RAMKUMAR, J.
......................................... B.A. No.7071 of 2010
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Dated this the 29th day of November, 2010
ORDER
Petitioners, who are accused Nos. 1 to 9 in Crime No. 843 of 2009 of Chavara Police Station for offences punishable under Sections 143, 147, 148, 324 and 326 read with Section 149 IPC, seek anticipatory bail.
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 09.12.2010 or on 10.12.2010 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.
This petition is disposed of as above.
Dated this the 29th day of November, 2010.
V.RAMKUMAR, JUDGE.
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1 issue framed by the court
Whether anticipatory bail can be granted in a case involving offences under Sections 143, 147, 148, 324, 326 IPC read with Section 149 IPC.
2 provisions across 1 enactments
Manchiam Harikumar
Pradeep @ Santhosh
Shibu @ Jude Antony
Christy J @ Sabu
Siva Prasad
Appunni
V.Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
