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Sabu and Another v. State of Kerala

Kerala HC2 Dec 2010Bail Appl./7393/2010

Case brief

AI extract

What is this about?

High Court of Kerala, Ernakulam granted specific bail to accused petitioners in a case under Sections 323, 324, 326 IPC. Petitioners directed to surrender for interrogation before specified dates, subject to bond and conditions regarding witness interference and reporting.

What did the court decide?

Petitioners directed to surrender for interrogation; subsequently released on bail subject to bond of Rs. 15,000 and conditions of reporting and non-interference.

Sabu and Another 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

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THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932

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Bail Appl..No. 7393 of 2010() ---------------------------------------

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CRIME NO.956/2010 OF CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT. ..........

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PETITIONERS/ACCUSED 1 & 2: ---------------------------------------------

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1. SABU, AGED 40 YEARS, S/O.CHACKO,KARADIKUZHY HOUSE, KUZHIMATTOM KARA, PANACHICKADU VILLAGE, KOTTAYAM TALUK.

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2. LIBIN K.ISSAC @ MAHICHAN, AGED 27 YEARS, S/O. ISSAC, KARADIKUZHY HOUSE, KUZHIMATTOM KARA, PANACHICKADU VILLAGE, KOTTAYAM TALUK.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): COMPLAINANT ------------------------------------------------

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STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR.NO.956/2010 OF CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT.

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PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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V. RAMKUMAR, J.

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......................................... B.A. No. 7393 of 2010

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..........................................

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Dated this the 2^nd day of December, 2010.

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ORDER

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Petitioners, who are accused Nos.1 and 2 in Crime No. 956/2010 of Chingavanam Police Station for offences punishable under Sections 323, 324 and 326 read with Section 34 I.P.C., seek anticipatory bail.

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The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this

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nature. 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 13.12.2010 or on 14.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release

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B.A.No. 7393/2010

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-:2:-

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the petitioners on bail on each of the petitioners executing a bond for Rs.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:-

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The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer.

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Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

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Petitioners shall not commit any offence while on bail.

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If the petitioners commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

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This petition is disposed of as above.

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V.RAMKUMAR, JUDGE.

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Sabu and Another v. State of Kerala

Case brief

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Sabu and Another v. State of Kerala

Case brief

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