Dismissed

Asha Paulson v. State of Kerala

Kerala HC6 May 2011Bail Appl./3272/2011

Case brief

AI extract

What is this about?

The Court refused anticipatory bail in IPC offences (cheating, criminal breach of trust) where police interrogations were pending. The applicant was directed to surrender for interrogation within four days, after which regular bail could be sought.

What did the court decide?

Directs the applicant to surrender for interrogation on 17-05-2011 or 18-05-2011; regular bail to be considered post-interrogation.

Asha Paulson Vs State of Kerala — Anticipatory Bail | Kerala HC (2011)

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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 FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933

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Bail Appl..No. 3272 of 2011

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-------------------------------------[CRIME NO.1006/2010 OF VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT]

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APPLICANT/ACCUSED: ---------------------------------

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ASHA PAULSON, AGED 30 YEARS, W/O.PAULSON, KANJIRATHILCHALIL, ALUVASSERY, POTHUNDI, NEMMARA, PALAKKAD DISTRICT.

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BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI. JOHNSON VARIKKAPPALLIL.

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RESPONDENT/COMPLAINANT: ---------------------------------------------

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, VADAKKENCHERRY POLICE STATION.

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BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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prv.

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V. RAMKUMAR, J.

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

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Bail Application No. 3272 of 2011

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

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Dated: 6-5-2011

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ORDER

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Petitioner who is the the accused in Crime N o. 1006 of 2010 of Wadakkancherry Police Station for offences punishable under Sections 408, 420, 465 and 471 I.P.C., seeks anticipatory bail.

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The learned Public Prosecutor opposed the application.

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After evaluating the factors and parameters which are to be taken into consideration in the light of paragraph 112 of the verdict of the Apex Court in Siddharam Satlingappa Mhetre v. State of

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Maharashtra and Others - (2011) 1 SCC 694 , I am of the view that anticipatory bail cannot be granted in a case of this nature, since the investigating officer has not had the advantage of interrogating the petitioner. Accordingly, the petitioner is directed to surrender before the investigating officer on 17-05-2011 or on 18-05-2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the petitioner is arrested by the Investigating Officer before interrogation, 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

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B.A. No. 3272 of 2011 -:2:-

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appear before the Magistrate or the Court concerned on the same day or 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, consider and dispose of his application for regular bail preferably on the same date on which it is filed.

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In case the petitioner while surrendering before the Investigating Officer has deprived the investigating officer sufficient time for interrogation, the officer shall complete the interrogation even if it is beyond the time limit fixed as above and submit a report to that effect to the Magistrate or the Court concerned. Likewise, the Magistrate or the Court also will not be bound by the time limit fixed as above if sufficient time was not available after the production or appearance of the petitioner .

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This petition is disposed of as above. Dated this the 6^th day of May, 2011.

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Sd/- V.RAMKUMAR, JUDGE

ani/

/true copy/

P.S. to Judge

B.A. No. 3272 of 2011 -:3:-

Asha Paulson v. State of Kerala

Case brief

What is this about?

What did the court decide?

Asha Paulson v. State of Kerala

Case brief

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What did the court decide?

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