Jose Vs. State of Kerala

Jose vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 15, 2010

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Citation: sooperkanoon.com/909403
Court: Kerala High Court
Judge: V. Ramkumar, J.
Decided On: Nov 15, 2010
Case Number: B.A. No.7010 of 2010
Subject: Criminal

Case Summary

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

[MR.JUSTICE : V.JAGANNATHAN , J.] Criminal Petition tiled under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No. 252/2010 of Yeshwanthapura P.S.. Bangalore City, which is registered for the offence P/U/S 302 of the IPC.

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 341, 323, 353

Parties & Advocates

Appellant / Petitioner

Jose

Advocate SRI.JAISON JOSEPH, Adv.

Respondent

State of Kerala

Legal References

Acts: Indian Penal Code (IPC) - Sections 341, 323, 353

Excerpt

[mr.justice : v.jagannathan , j.] criminal petition tiled under section 439 of the cr.p.c. praying to enlarge the petitioner on bail in cr.no. 252/2010 of yeshwanthapura p.s.. bangalore city, which is registered for the offence p/u/s 302 of the ipc.v. ramkumar, j.b.a. no.7010 of 2010dated this the 15th day of november, 2010.order1. petitioner who is the accused in crime no. 631 of 2010 of kalady police station for offences punishable under sections 341, 323 and 353 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 26.11.2010 or on 27.11.2010 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 rs.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. 4. this petition is disposed of as above.

Full Judgment

V. RAMKUMAR, J.

B.A. No.7010 of 2010

Dated this the 15th day of November, 2010.

ORDER

1. Petitioner who is the accused in Crime No. 631 of 2010 of Kalady Police Station for offences punishable under Sections 341, 323 and 353 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 26.11.2010 or on 27.11.2010 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 Rs.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.

4. This petition is disposed of as above.

Same Court & Year Kerala · 2010 Same Parties Jose vs State of Kerala Same Subject Criminal Same Judge V. Ramkumar, J. Acts & Sections Indian Penal Code (IPC) - Sections 341, 323, 353

Criminal