Dismissed

Nizar v. State of Kerala

Kerala HC13 Jun 2011Bail Appl./4390/2011

Case brief

AI extract

What is this about?

Single judge bail application regarding Section 394 IPC read with Section 34. Court refused anticipatory bail, directing accused to surrender for interrogation within two days or file regular bail after interrogation by Magistrate.

What did the court decide?

Petitioners directed to surrender on 24/06/2011 or 25/06/2011 for interrogation; regular bail application considered after interrogation.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933

¶4

Bail Appl..No. 4390 of 2011() ----------------------------CRMP.1621/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.73/2011 OF KOTTAYAM EAST POLICE STATION

¶5

PETITIONERS: ACCUSED 3 AND 7

¶6

¶7

NIZAR, S/O.KLAMAL, SHIHAZ MANZIL, PALLIVATHUKKAL, MOOLEDAM P.O., KOTTAYAM.

¶8

PRADEEP, RAMAMANGALAM HOUSE, CHUNGOM P.O., KOTTAYAM.

¶9

BY ADV. SRI.SURIN GEORGE IPE

¶10

RESPONDENT: COMPLAINANT

¶11

¶12

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

¶13

PUBLIC PROSECUTOR SRI.M.S.BREEZ

¶14

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

V. RAMKUMAR, J.

¶16

Bail Application No.4390 of 2011

¶17

Dated this the 13^th day of June, 2011

¶18

ORDER

¶19

Petitioners, who are accused Nos. 3 & 7 in Crime No.73 of 2011 of Kottayam East Police Station for an offence punishable under Section 394 read with Section 34 I.P.C., seek anticipatory bail.

¶20

The learned Public Prosecutor opposed the application.

¶21

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

¶22

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 24/06/2011 or on 25/06/2011 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 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

¶23

B.A.No.4390/2011

¶24

-:2:-

¶25

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.

¶26

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 .

¶27

This petition is disposed of as above. Dated this the 13^th day of June, 2011.

¶28

V.RAMKUMAR, JUDGE

¶29

skj

¶30

True copy

¶31

P.A. to Judge

Nizar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nizar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rasheeda Beevi and Others Vs State of Kerala

Narendranath Vs State of Kerala

Hakkim Vs State of Kerala

Renjith S Vs State of Kerala

Rajasekhar Vs State of Kerala

Griphen Vs State of Kerala