The Kerala High Court held that anticipatory bail cannot be granted in the underlying case nature. The petitioner was, however, directed to surrender for interrogation before the CBI on specified dates, after which the Special Court would consider regular bail.
Petitioner permitted to surrender for interrogation; subsequent bail consideration directed to Special Court.
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 THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932
Bail Appl..No. 7245 of 2010() ---------------------------------------
CRIME RC. 13(A) /2010 CENTRAL BUREAU OF INVESTIGATION.
PETITIONER/ACCUSED -------------------------------------SHAYM NAIR, S/O.N.RAMACHANDRAN NAIR, FORMER BRANCH MANAGER, STATE BANK OF INDIA, IRINJALAKKUDA BRANCH, RESIDING AT 'PRAYAG', M.G.ROAD, IRINJALAKKUDA, THRISSUR. BY ADV. SRI.S.RAJEEV
RESPONDENT(S): COMPLAINANT ------------------------------------------------
STATE, REP.BY CENTRAL BUREAU OF INVESTIGATION, (CRIME RC 13[A]2010 OF CENTRAL BUREAU OF INVESTIGATION)
BY SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
tss
V. RAMKUMAR, J.
......................................... B.A. No. 7245 of 2010
.......................................... Dated this the 2nd day of December, 2010.
ORDER
Petitioner, who is the first accused in Crime RC 13 (A)/2010 of Central Bureau of Investigation for offences punishable under Sections 120-B, 420, 468 and 471 IPC and 13(2) of P.C. Act, seeks anticipatory bail.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE.
ln
2 issues framed by the court
Whether anticipatory bail is maintainable in a prosecution for cheating and criminal conspiracy.
Whether the petitioner should be directed to surrender for interrogation before regular bail consideration.
2 provisions across 2 enactments
Shaym Nair
State Rep. by Central Bureau of Investigation
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
