Disposed

Sajir and Others v. State, Rep.by the Public Prosecutor

Kerala HC24 Jun 2011Bail Appl./3689/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a bail application by the accused, who faced charges of criminal intimidation and voluntarily causing hurt. It declined anticipatory bail as interrogation was incomplete and directed surrender for police inquiry before regular bail could be sought.

What did the court decide?

Anticipatory bail refused; petitioners directed to surrender for interrogation by 6 or 7 July 2011.

Sajir and Others Vs State, Rep.by the Public Prosecutor — Bail and Remand | 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

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FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Bail Appl..No. 3689 of 2011()

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----------------------Crime No.128 of 2011 of Peravoor Police Station

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PETITIONER/ACCUSED NO.1 TO 3

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SAJIR, S/O.ABOOTTY, AGED 30 YEARS, KUNIYIL HOUSE, P.O.MELMURINGODI, PERAVOOR VIA, MANATHANA, THALASSERY TALUK, KANNUR DISTRICT.

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ABHILASH.P.K., S/O.BHASKARAN, AGED 23 YEARS, POOKKALAM HOUSE, P.O.PERUPUNNA, PERAVOOR VIA, MANATHANA, THALASSERY TALUK, KANNUR DISTRICT.

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MANSHEED T.K., S/O.MUHAMMED, AGED 21 YEARS, NADUKKANDI HOUSE, P.O.PERUPUNNA, PERAVOOR VIA, MANATHANA, THALASSERY TALUK, KANNUR DISTRICT.

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BY ADV. SRI.V.A.SATHEESH

SRI.J.ABHILASH

RESPONDENT(S):

STATE REP.BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O. PERAVOOR POLICE STATION, KANNUR DISTRICT.

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Public Prosecutor Sri. C.S. Hrithwik

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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

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Bail Application No. 3689 of 2011

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

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Dated: 24-06-2011

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ORDER

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Petitioners who are accused Nos. 1 to 3 in Crime No. 128 of 2011 of Peravoor Police Station, Kannur District for offences punishable under Sections 341, 323, 324 and 308 read with Sec. 34 I.P.C. , seek 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 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 petitioners. Accordingly, the petitioners are directed to surrender before the investigating officer on 6-7-2011 or on 7-7-2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the petitioners are arrested by the Investigating Officer before interrogation, the petitioners 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

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B.A. No. 3689 of 2011 -:2:-

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petitioners is without arresting them, the petitioners shall thereafter 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 petitioners have been interrogated by the police shall, after hearing the prosecution as well, consider and dispose of their application for regular bail preferably on the same date on which it is filed.

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In case the petitioners while surrendering before the Investigating Officer have 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 petitioners .

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This petition is disposed of as above. Dated this the 24^th day of June, 2011.

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Sd/- V.RAMKUMAR, JUDGE

ani/

/true copy/

P.S. to Judge

B.A. No. 3689 of 2011 -:3:-

Sajir and Others v. State, Rep.by the Public Prosecutor

Case brief

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Sajir and Others v. State, Rep.by the Public Prosecutor

Case brief

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