In this bail application, the court declined to grant anticipatory bail. Instead, the petitioner was directed to surrender for interrogation and subsequently approach the Magistrate for bail, conditioned on executing a bond.
Petitioner directed to surrender for interrogation and then apply for bail to the Magistrate subject to conditions.
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 TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932
Bail Appl..No. 7158 of 2010() ----------------------------------------(CRIME NO.1031/2010 OF PARIPALLY POLICE STATION)
PETITIONER/ACCUSED: --------------------------------------
SUKU P., S/O.PADMANABHAN, ONAMPALLIL VEEDU, ADHINADU SOUTH, KATTILKADAVU P.O., KARUNAGAPPALLY.
BY ADVS. SRI.S.SANTHOSH KUMAR, SMT. LISSY JOSE.P.
RESPONDENT(S): COMPLAINANT:
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THE SUB INSPECTOR OF POLICE, PARIPALLY POLICE STATION, KOLLAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
BY PUBLIC PROSECUTOR SRI. M.S. BREEZ
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
V. RAMKUMAR, J.
B.A. No.7158 of 2010
Dated: 23.11.2010 ORDER
Petitioner, who is the sole accused in Crime No.1031/2010 of Paripally Police Station for offences punishable under Sections 323,427,406,407 and 408 I.P.C., seeks anticipatory bail.
nature. 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. 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 `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:-
B.A.No.7158/2010
-:2:-
This petition is disposed of as above.
Dated this the 23rd day of November, 2010.
V.RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving offences under Sections 323, 427, 406, 407 and 408 IPC.
Whether the petitioner should be directed to surrender for interrogation before applying for bail.
Suku P., S/o. Padmanabhan
Sub Inspect of Police, Paripally Police Station
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
