The Kerala High Court dismissed the grant of anticipatory bail in a battery and public assembly case. Instead, the court directed petitioners to surrender for police interrogation before having their bail application considered by the Magistrate.
Directing petitioners to surrender for interrogation on 03.12.2010 or 04.12.2010 before regular bail is considered.
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. 7200 of 2010() -----------------------------------------(CRIME NO.211/2010 OF KUDIYANMALA POLICE STATION,KANNUR DIST.) ...... PETITIONERS/ACCUSED NO. 1 TO 5:
RESPONDENT(S): COMPLAINANT: --------------------------------------------------STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O. KUDIYANMALA POLICE STATION, KANNUR DT.
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.7200 of 2010
.......................................... Dated: 23.11.2010 ORDER
Petitioners, who are accused Nos.1 to 5 in Crime No.211/2010 of Kudiyanmala Police Station for offences punishable under Sections 143,147,448,341,332 and 427(b) read with 149 I.P.C., 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 03.12.2010 or on 04.12.2010 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 petitioner 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.
V.RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether anticipatory bail can be granted in a case involving offences under Sections 143, 147, 448, 341, 332, 427(b) read with 149 IPC.
Whether petitioners should be permitted to surrender for interrogation before regular bail is considered.
1 provisions across 1 enactments
Hussain M.V.
Noushad K.C.
Sakkariya
Sheheed
Ahammed
State Rep.
V. Ramm Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
