Dismissed

Pradeepkumar.K.R v. State of Kerala

Kerala HC22 Jun 2011Bail Appl./4701/2011

Case brief

AI extract

What is this about?

The single-judge High Court bench declined to grant anticipatory bail for offences under IPC 406 and 420. Instead, the petitioner was directed to surrender for interrogation by July 4 or 5, 2011, with specific timelines set for regular bail consideration post-interrogation.

What did the court decide?

Petitioner directed to surrender for interrogation on 04/07/2011 or 05/07/2011; regular bail to be considered thereafter.

Pradeepkumar.K.R Vs State of Kerala — Cheating and Forgery | 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 WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933

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Bail Appl..No. 4701 of 2011() ----------------------------CRIME NO.1018/2011 OF ALUVA POLICE STATION

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PETITIONER/ACCUSED ----------------------PRADEEPKUMAR K.R., KARINGANTHURUTHU HOUSE, MARADU P.O., ERNAKULAM DISTRICT.

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BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND

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RESPONDENT: COMPLAINANT

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STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, ALUVA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Appln. No.4701 of 2011

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Dated this the 22^nd day of June, 2011

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ORDER

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Petitioner, who is the sole accused in Crime No.1018 of 2011 of Aluva Police Station for offences punishable under Sections 406 & 420 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 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 04/07/2011 or on 05/07/2011 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 satisfied that the

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Bail Appln.No.4701/2011

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: 2 :

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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 22^nd day of June, 2011.

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V.RAMKUMAR, JUDGE

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skj

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True copy

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P.A. to Judge

Pradeepkumar.K.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pradeepkumar.K.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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