Petitioner sought anticipatory bail in a cheating case. Court refused bail as investigation incomplete but directed surrender for interrogation. Regular bail permissible thereafter if interrogation concludes.
Petitioner directed to surrender on 11-04-2011 or 12-04-2011 for interrogation; regular bail allowed thereafter; bond for Rs. 15,000 with two sureties.
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
FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933
Bail Appl..No. 2156 of 2011() ------------------------Crime No. 1622 of 2010 of Eravipuram Police Station
PETITIONER/ACCUSD
NAJEEB, S/O.AHAMMED, AGED 32 YEARS, VALLIMOODU PURAYIDOM, ERAVIPURAM VILLAGE, KOLLAM.
BY ADV. SRI. K.SIJU SMT.BINDU GEORGE
RESPONDENT(S):
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
Public Prosecutor Sri. M.S. Breeze
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
.........................................
Bail application No. 2156 of 2011
..........................................
Dated: 1st April, 2011
ORDER
Petitioner who is the sole accused in Crime No. 1622 of 2010 of Eravipuram Police Station, Kollam District for an offence punishable under Sec. 420 I.P.C. , seeks anticipatory bail.
B.A.No. 2156 of 2011
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Mhetre's case (supra). The petitioner shall thereafter be produced before the Magistrate or the Court concerned and permitted to file an application for regular bail. In case the interrogation of the petitioner is without arresting him, the petitioner shall thereafter appear before the Magistrate or the Court concerned on the same day or on the next day and apply for regular bail. The Magistrate or the Court on being satisfied that the petitioner has been interrogated by the police shall, after hearing the prosecution as well, release the petitioner on bail.
1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.
2. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the Court or to
B.A.No. 2156 of 2011
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the police or to any other person in authority.
3. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report.
4. The petitioner shall not establish any contact with any of the witnesses or accused in the case.
5. The petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution.
6. The petitioner shall not commit any offence while on bail.
7. The petitioner shall notify to the Court his place of residence before executing the bail bond.
This petition is disposed of as above.
Dated this the Ist day of April, 2011.
V.RAMKUMAR, JUDGE
ani/
3 issues framed by the court
Whether anticipatory bail can be granted where the investigating officer has not interrogated the petitioner.
Whether a direction to surrender for interrogation prior to regular bail application satisfies bail parameters.
The conditions applicable when anticipatory bail is refused but surrender is permitted.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersApplied¶3
(2010 (4) KLT 930)
1 provisions across 1 enactments
Najeeb, S/o. Ahamed
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. Ramkumar
Parties & counsel
