Disposed

Abdul Nasar v. State of Kerala

Kerala HC3 Dec 2010Bail Appl./7506/2010

Case brief

AI extract

What is this about?

Hon'ble Justice V. Ramkumar considered an anticipatory bail application opposed by the Public Prosecutor in a case involving Section 149 IPC. Instead of granting bail, the court directed petitioners to surrender for interrogation.

What did the court decide?

Direction to petitioners to surrender before I.O. for interrogation on 13/12/2010 or 14/12/2010; thereafter produce before Magistrate.

Abdul Nasar 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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FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932

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Bail Appl..No. 7506 of 2010() --------------------------------------( CRIME NO. 871 OF 2010 VALAPATTANAM POLICE STATION KANNUR DISTRICT) ....................

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PETITIONER/ ACCUSED 1-4

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

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1. ABDUL NASAR, S/O.ABOOBAKER, AGED 23 YEARS, DRIVER, "MOOLAYIL HOUSE", PULLOOPY, P.O.KANNADIPPARAMBA, KANNUR.

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2. ABID, S/O.ABDULLA, AGED 23 YEARS, COOLIE, "HAZEENA MANZIL", PULLOOPY, P.O.KANNADIPPARAMBA, KANNUR.

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3. ABDUL SALAM, S/O. ISMAIL, AGED 20 YEARS, COOLIE, "PULLOANHOT HOUSE", PULLOOPY, P.O.KANNADIPPARAMBA, KANNUR.

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4. SHAMAS T.K., S/O.LATHEEF, AGED 22 YEARS, "THAVOTTIL KUZHUMIYIL HOUSE", PULLOOPY, P.O.KANNADIPPARAMBA, KANNUR.

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BY ADV. SRI.P.M.PAREETH

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RESPONDENT(S): RESPONDENT

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STATE OF KERALA, REPRESENTED BY S.H.O., VALAPATTANAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI. M.S.BREEZE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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V. RAMKUMAR, J.

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Bail Application No.7506 of 2010

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Dated this the 03^rd day of December, 2010

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ORDER

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The petitioners, who are the accused in Crime No.817 of 2010 of Valapattanam Police Station for offences punishable under Sections 143, 147, 148, 457 & 427 read with Section 149 I.P.C., seek 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. 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. The petitioners shall thereafter be produced before the Magistrate who on being satisfied that the petitioners 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.

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This petition is disposed of as above.

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V.RAMKUMAR, JUDGE

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skj

Abdul Nasar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Nasar v. State of Kerala

Case brief

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