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Ajitha and ors. Vs. the State of Kerala

Ajitha and ors. vs The State of Kerala

Type Court Judgment Court Kerala Decided Oct 26, 2010
~1 min read
https://sooperkanoon.com/case/907490

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl..No. 6683 of 2010
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

[MOHAN SHANTANAGOUDAR J.] This writ petition is filed under article 226 and 227 of the constitution of India praying to call for records from the second respondent which ultimately resulted in passing order annexure-a dated 19.10.2010 passed by the second respondent appointing administrator to the amrttheshwari temp...

Key legal issue
Criminal
Acts & sections
Indian Penal Code (IPC) - Section 436 read with 34

Parties & Advocates

Appellant / Petitioner

Ajitha and ors.

Advocate SRI.C.R.SIVAKUMAR, Adv.

Respondent

The State of Kerala

Legal References

Acts
Indian Penal Code (IPC) - Section 436 read with 34

Excerpt

[mohan shantanagoudar j.] this writ petition is filed under article 226 and 227 of the constitution of india praying to call for records from the second respondent which ultimately resulted in passing order annexure-a dated 19.10.2010 passed by the second respondent appointing administrator to the amrttheshwari temple kota; quash the order annexure a dated 19.10.2010 passed by the second respondent appointing administrator to the amritkeshwari temple kota and issue direction to the 2nd respondent to continue the present committee of management till next new committee is appointed.o r d e rv. ramkumar, j. ......................................... b.a. no.6683 of 2010 .......................................... dated: 26.10.2010 order petitioners, who are accused nos.1 and 2 in crime no.945/2010 ofvarkala police station for an offence punishable under section 436 readwith 34 i.p.c., seek anticipatory bail. 2. the learned public prosecutor opposed the application. 3. anticipatory bail cannot be granted in a case of this nature. but at the same time, i am inclined to permit the petitioners to surrender before the investigating officer for the purpose of interrogation and then to have their application for bail considered by the magistrate having jurisdiction. accordingly, the petitioners shall surrender before the investigating officer on 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. the petitioners shall thereafter be produced before the magistrate who on being satisfied that the petitioners have been interrogated by the police shall consider and dispose of their application for regular bail preferably on the same date on which it is filed. this petition is disposed of as above. dated this the 26th day of october, 2010.

Full Judgment

O R D E R

V. RAMKUMAR, J.

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

B.A. No.6683 of 2010

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

Dated: 26.10.2010

ORDER

Petitioners, who are accused Nos.1 and 2 in Crime No.945/2010 of

Varkala Police Station for an offence punishable under Section 436 read

with 34 I.P.C., seek anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer for the purpose of interrogation and then to have their application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the investigating officer on 11.11.2010 or on 12.11.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioners shall thereafter be produced before the Magistrate who on being satisfied that the petitioners have been interrogated by the police shall consider and dispose of their application for regular bail preferably on the same date on which it is filed.

This petition is disposed of as above. Dated this the 26th day of October, 2010.

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