Dismissed

Dileepkhan v. State of Kerala

Kerala HC9 Sept 2010Bail Appl./783/2010

Case brief

AI extract

What is this about?

In a bail application under Section 420 read with Section 34 IPC, the Court declined anticipatory bail but directed the petitioner to surrender for interrogation and regular bail. The grant was conditioned on regular reporting and a monetary bond.

What did the court decide?

Petitioner directed to surrender on 20.09.2010 and 22.09.2010 for interrogation before applying for regular bail and complying with specific bond conditions including reporting to the IO.

Dileepkhan Vs State of Kerala — Anticipatory Bail | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932

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Bail Appl..No. 783 of 2010() --------------------------------------(ADOOR POLICE STATION CRIME NO.1134/2009) ............................

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PETITIONER/ACCUSED NO.1 -------------------------------------------

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DILEEPKHAN, S/O.MUHAMMED MUSTHAFA, VALIYAVEETTAYYATHUVADAKKATHIL, ADIKKATTUKULANGARA, NOORANADU.

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BY ADV. SRI. K.SHAJ, SRI.SAJJU.S.

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RESPONDENT/COMPLAINANT:

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

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR MR.C.S. HRITHWIK.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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V. RAMKUMAR, J.

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......................................... B.A. No. 783 of 2010

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

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Dated this the 9^th day of September, 2010.

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ORDER

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Petitioner, who is accused No.1 in Crime No. 1134/2009 of Adoor Police Station (Pathanamthitta District) for an offence punishable under Section 420 read with Section 34 I.P.C. seeks 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

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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 20.09.2010 and 22.09.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate concerned and file an application for regular bail. On being convinced that the petitioner has been interrogated by the police, the Magistrate

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B.A.No. 783/2010

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-:2:-

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shall preferably on the same date on which the application is filed, release the petitioner on bail on his 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 petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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

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

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Petitioner shall not commit any offence while on bail.

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If the petitioner commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

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This petition is disposed of as above.

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Dated this the 9^th day of September, 2010.

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V.RAMKUMAR, JUDGE

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Dileepkhan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Dileepkhan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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