Dismissed

Vineeth J. v. State of Kerala

Kerala HC17 Jun 2011Bail Appl./4467/2011

Case brief

AI extract

What is this about?

The Court rejected anticipatory bail in an FIR under Sections 366(A) and 377 IPC read with 34 IPC, directing the petitioner to surrender for police interrogation. The bail order is conditional on interrogation completion and subsequent regular bail application.

What did the court decide?

Anticipatory bail denied; petitioner directed to surrender for interrogation by 29.06.2011 or 30.06.2011.

Vineeth J. Vs State of Kerala — Dowry and Cruelty | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 Bail Appl..No. 4467 of 2011() ----------------------------CRIME NO.263/2011 OF THIRUVALLAM POLICE STATION

¶4

PETITIONER/ACCUSED --------------------------

¶5

VINEETH.J., AGED 18 YEARS, S/O.JAYAKUMAR, KALLADIMELE KALATHIL VEEDU, PUNJAKKARI, NEAR VAYANASALA, THIRUVALLAM.P.O., THIRUVANANTHAPURAM.

¶6

BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN

¶7

RESPONDENT(S): COMPLAINANT --------------------------------STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.263/11 OF THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT)

¶8

PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

¶9

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶10

V. RAMKUMAR, J.

¶11

......................................... Bail Application No.4467 of 2011

¶12

Dated: 17.06.2011 ORDER

¶13

Petitioner, who is the 1^st accused in Crime No.263 of 2011 of Thiruvallam Police Station for offences punishable under Sections 366 (A) and 376 read with 34 I.P.C., seeks anticipatory bail.

¶14

The learned Public Prosecutor opposed the application.

¶15

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 petitioner. Accordingly, the petitioner is directed to surrender before the investigating officer on 29.06.2011 or on 30.06.2011 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 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

¶16

B.A. No.4467/ 2011

¶17

-:2:-

¶18

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.

¶19

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 .

¶20

This petition is disposed of as above.

¶21

Dated this the 17^th day of June, 2011.

¶22

V.RAMKUMAR, JUDGE

¶23

Vineeth J. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vineeth J. 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

Parties & counsel

Coram

Case details

Similar cases

Baiju Vs State of Kerala

Shaju & Another Vs State of Kerala

Bineesh Vs State of Kerala

Sali R.S Vs State of Kerala & Another

Muhammed Shaheer Vs State of Kerala

Anandavally Vs State