G.Rajeev Vs. State of Kerala

G.Rajeev vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 26, 2010

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Citation: sooperkanoon.com/907495
Court: Kerala High Court
Judge: V. Ramkumar, J.
Decided On: Oct 26, 2010
Case Number: Bail Appl..No. 6661 of 2010
Subject: Criminal

Case Summary

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

[B.S.PATIL J.] This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 25.11 2005 passed on I.A.No.H in O.S.No. 123/2004 on the file of B Add! Civil Judge (Jr.Dn.) Mangalore, D.K. vide Annex-A

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 420, 468 read with 34

Parties & Advocates

Appellant / Petitioner

G.Rajeev

Advocate SRI.V.PHILIP MATHEW, Adv.

Respondent

State of Kerala

Legal References

Acts: Indian Penal Code (IPC) - Sections 420, 468 read with 34

Excerpt

[b.s.patil j.] this writ petition is filed under articles 226 and 227 of the constitution of india praying to quash the order dated 25.11 2005 passed on i.a.no.h in o.s.no. 123/2004 on the file of b add! civil judge (jr.dn.) mangalore, d.k. vide annex-a1. petitioner, who is the 2nd accused in crime no.842/2010 of karunagappally police station for offences punishable under sections 420 and 468 read with 34 i.p.c., seeks 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 petitioner to surrender before the investigating officer for the purpose of interrogation and then to have his application for bail considered by the magistrate having jurisdiction. accordingly, the petitioner 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. after interrogation, petitioner shall be produced before the magistrate concerned who on being convinced that the petitioner has been interrogated by the police, shall release the petitioner on bail on the petitioner executing a bond for `15,000/- (rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the magistrate and subject to the following conditions:- 1. the petitioner shall report before the investigating officer between 9 a.m. and 11 a.m. on all wednesdays. 2. the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigating officer. 3. petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. petitioner shall not commit any offence while on bail. 5. if the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. this petition is disposed of as above.

Full Judgment

1. Petitioner, who is the 2nd accused in Crime No.842/2010 of Karunagappally Police Station for offences punishable under Sections 420 and 468 read with 34 I.P.C., seeks 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 petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner 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. After interrogation, petitioner shall be produced before the Magistrate concerned who on being convinced that the petitioner has been interrogated by the police, shall release the petitioner on bail on the petitioner executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate and subject to the following conditions:-

1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer.

3. Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution.

4. Petitioner shall not commit any offence while on bail.

5. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.

This petition is disposed of as above.

Same Court & Year Kerala · 2010 Same Parties G.Rajeev vs State of Kerala Same Subject Criminal Same Judge V. Ramkumar, J. Acts & Sections Indian Penal Code (IPC) - Sections 420, 468 read with 34

Criminal