High Court Kerala High Court

Nandagopal vs State Of Kerala on 7 February, 2007

Kerala High Court
Nandagopal vs State Of Kerala on 7 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 607 of 2007()


1. NANDAGOPAL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :07/02/2007

 O R D E R
                                         V. RAMKUMAR, J.


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                                 Bail Application No.607/2007


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                                 DATED: FEBRUARY 7, 2007


                                             O R D E R

Petitioner who is the 5th accused in Crime No.3/2007 of Eloor Police

Station for an offence punishable under secs.143, 147, 148, 341, 323, 324, 326

and 307 read with sec.149 I.P.C. and sec.27 of the Arms Act, seeks anticipatory

bail.

2. The learned Public Prosecutor opposed the application.

3. The case of the prosecution is that the occurrence took place at about

10.40 p.m. on 5.1.2007 on a public road when the de facto complainant who was

coming on a motorbike is alleged to have been assaulted by 8 persons armed

with deadly wepons like iron pipe, sword etc. causing injuries including a fracture.

4. 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 custodial interrogation and thereafter to have his regular

bail application disposed of by the Magistrate concerned. Accordingly, the

petitioner is directed to surrender before the Investigating Officer on any day

between 8.2.2007 and 13.2.2007 for the purpose of custodial interrogation and

recovery of incriminating materials, if any. Thereafter the petitioner shall be

produced before the concerned Magistrate who shall release the petitioner on

B.A.607/2007 2

bail on appropriate conditions. It shall, however, be subject to the right of the

investigating agency to seek police custody of the petitioner for the purpose of

further investigation. This petition is disposed of as above.

V.RAMKUMAR, JUDGE

mt/-