Dismissed

Abdul Rasheed v. State of Kerala

Kerala HC23 Nov 2010Bail Appl./7117/2010

Case brief

AI extract

What is this about?

Justice V. Ramkumar dismissed a bail application by the 3rd accused in a case under IPC Sections 465, 466, 468, 420 read with the Passport Act. Instead of actual bail, the court permitted the petitioner to surrender for interrogation and recovery of evidence before seeking regular bail from the Magistrate.

What did the court decide?

Anticipatory bail denied; petitioner directed to surrender for interrogation on 3.12.2010 or 4.12.2010 before applying for regular bail to the Magistrate.

Abdul Rasheed Vs State of Kerala — Bail and Remand | 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 TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932

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Bail Appl..No. 7117 of 2010()

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-----------------------------------------(CRIME NO.566/09 OF POYYAPPALLY POLICE STATION, THIRUVANANTHAPURAM DISTRICT)

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PETITIONER/3RD ACCUSED:

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

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ABDUL RASHEED, S/O.MUHAMMED YUSUF, AL AMEN MANZIL, EDAKKARIKKAKAM, THATTATHUMALA.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S):

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

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1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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V. RAMKUMAR, J.

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B.A. No.7117 of 2010

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.......................................... Dated: 23.11.2010

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ORDER

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Petitioner, who is the 3^rd accused in Crime No.566/2009 of Pooyappally Police Station for offences punishable under Sections 465,466,468 and 420 I.P.C. read with 12(b) of the Passport Act, 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.

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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 3.12.2010 or on 4.12.2010 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.

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This petition is disposed of as above.

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Dated this the 23^rd day of November, 2010.

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V.RAMKUMAR, JUDGE

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Abdul Rasheed v. State of Kerala

Case brief

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Abdul Rasheed v. State of Kerala

Case brief

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