IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4713 of 2007()
1. NOUSHAD, S/O. SUBAIR KUNJU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4713 of 2007
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Dated this the 3rd day of August 2007
O R D E R
Application for anticipatory bail. The petitioner is the
second accused. He, along with the co-accused, faces allegations
inter alia under Section 307 read with 149 I.P.C. The accused
persons were allegedly members of an unlawful assembly of
persons who in prosecution of their common object allegedly
attacked the victim and caused serious injuries to the victim.
Investigation is in progress. The petitioner apprehends arrest at
any moment. The learned counsel for the petitioner submits that
the sixth accused had come before this court and sought
directions under Section 438 Cr.P.C. Another Bench of this
court had permitted that petitioner/sixth accused to surrender
before the investigating officer . He was arrested and produced
and has already been enlarged on bail. The first accused has
also been enlarged on bail, it is submitted.
2. The application is opposed by the learned Public
Prosecutor. The learned Public Prosecutor submits that there is
B.A.No.4713/07 2
no circumstance justifying the invocation of jurisdiction under
Section 438 Cr.P.C. Having considered all the relevant inputs, I
find merit in such opposition by the learned Public Prosecutor. I
find no features in this case which would justify the invocation of
powers under Section 438 Cr.P.C. This is a fit case where
the petitioners must appear before the learned Magistrate
having jurisdiction or the investigating officer and seek regular
bail in the normal and ordinary course.
3. In the result, this petition is dismissed. Needless to
say, if the petitioner surrenders before the investigating officer
or the learned Magistrate and applies for bail, after giving
sufficient prior notice to the Prosecutor in charge of the case,
the learned Magistrate must proceed to pass appropriate orders
on merits, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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B.A.No.4713/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007