Dismissed

Suresh v. State of Kerala

Kerala HC1 Jul 2011Bail Appl./4171/2011

Case brief

AI extract

What is this about?

The Court rejected a plea for anticipatory bail under Sections 323, 341, 308 IPC. It directed petitioners to surrender for interrogation by 14/15 July 2011, permitting an application for regular bail only after police interrogation is completed and prosecution reports filed.

What did the court decide?

Petitioners directed to surrender for interrogation on 14.07.2011 or 15.07.2011; regular bail available thereafter subject to conditions.

Suresh 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

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FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933

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Bail Appl..No. 4171 of 2011() ----------------------------CRIME NO.228/2011 OF PAZHAYANNUR POLICE STATION

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PETITIONERS/ ACCUSED 2 TO 4

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SURESH, AGED 33 YEARS, S/O.KOMALAN, MOOCHIKAR HOUSE, 'ANAPPARACOLONY', KANIYARKODU, THIRUVILWAMALA.

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SUDHEESH, AGED 25 YEARS, S/O.NARAYANAN, KULAKKUMPODI, 'ANAPPARACOLONY', KANIYARKODU, THIRUVILWAMALA.

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RAJEESH, AGED 18 YEARS, S/O.UNNIKRISHNAN, 'ANAPPARACOLONY', KANIYARKODU, THIRUVILWAMALA.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): COMPLAINANT

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

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PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No.4171 of 2011

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Dated: 01.07.2011

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ORDER

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Petitioners, who are accused Nos.2 to 4 in Crime No.228/2011 of Pazhayannur Police Station for offences punishable under Sections 323,341 and 308 read with 34 I.P.C., seek anticipatory bail.

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The learned Public Prosecutor opposed the application. 3. After evaluating the factors and parameters which are to be taken into consideration under 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 14.07.2011 or on 15.07.2011 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

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B.A.No.4171/2011 -:2:-

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Court concerned and permitted to file an application for regular bail. In case the interrogation of the petitioners is without arresting them, the petitioners 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 petitioners have been interrogated by the police shall, after hearing the prosecution as well, release the petitioners on bail.

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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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The release of the petitioners shall be on each of the petitioners executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Court concerned and subject to the following conditions:-

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1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report.

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B.A.No.4171/2011

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-:3:-

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2. The petitioners 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 the police or to any other person in authority.

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3. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report.

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4. The petitioners shall not establish any contact with any of the witnesses or accused in the case.

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5. The petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution.

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6. The petitioners shall not commit any offence while on bail.

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7. The petitioners shall notify to the Court their place of residence before executing the bail bond.

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This petition is disposed of as above.

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Dated this the 1^st day of July, 2011.

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V.RAMKUMAR, JUDGE

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Suresh v. State of Kerala

Case brief

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Suresh v. State of Kerala

Case brief

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