Ramakrishna Menon, and ors. Vs.

Ramakrishna Menon and ors. vs State of Kerala, and anr.

Type Court Judgment Court Kerala Decided Dec 03, 2010

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Citation: sooperkanoon.com/912874
Court: Kerala High Court
Judge: V. Ramkumar, J.
Decided On: Dec 03, 2010
Case Number: Bail Appl..No. 7797 of 2010
Subject: Criminal

Case Summary

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

Criminal

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 498A, 406

Parties & Advocates

Appellant / Petitioner

Ramakrishna Menon and ors.

Advocate SRI.V.M.KRISHNAKUMAR, Adv.

Respondent

State of Kerala, and anr.

Legal References

Acts: Indian Penal Code (IPC) - Sections 498A, 406

Excerpt

1. petitioners, who are accused nos. 2 to 4 in cr. no.524/2010 of ponnani police station for offences punishable under sections 498 a and 406 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 13.12.2010 or on 14.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. after interrogation, petitioners shall be produced before the magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of the petitioners 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 petitioners shall report before the investigating officer between 9 a.m. and 11 a.m. on all wednesdays. 2. the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigating officer. 3. petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. petitioners shall not commit any offence while on bail. 5. if the petitioners commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. this petition is disposed of as above.

Full Judgment

1. Petitioners, who are accused Nos. 2 to 4 in Cr. No.524/2010 of Ponnani Police Station for offences punishable under Sections 498 A and 406 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 13.12.2010 or on 14.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. After interrogation, petitioners shall be produced before the Magistrate concerned who on being convinced that the petitioners have been interrogated by the police, shall release the petitioners on bail on each of the petitioners 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 petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

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

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

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

5. If the petitioners commits breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This petition is disposed of as above.

Same Court & Year Kerala · 2010 Same Parties Ramakrishna Menon and ors. vs State of Kerala, and anr. Same Subject Criminal Same Judge V. Ramkumar, J. Acts & Sections Indian Penal Code (IPC) - Sections 498A, 406