IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2141 of 2007()
1. GOPINATHAN NAIR, AGED 55 YEARS,
... Petitioner
2. SASIDHARAN NAIR, AGED 52 YEARS,
Vs
1. SUB INSPECTOR OF POLICE, MALAYANKEEZHU
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/04/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 2141/2007
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Dated this 10th day of April, 2007
O R D E R
The petitioners, who are accused Nos.3 and 2
respectively in crime No.57/2007 of Malayinkeezhu Police
Station for offences punishable under Sections 143, 147, 148,
427, 452, 323, 326 and 307 IPC read with Section 149 IPC, seek
anticipatory bailable.
2. The learned Public Prosecutor opposed the
application.
3. The case of the prosecution is that at about 3.00 p.m
on 4.3.2007, eight persons including the petitioners herein,
criminally trespassed upon the house of the defacto
complainant after breaking open the door and A1 inflicted cut
injuries on the defacto complainant and one Prasanth. A3
slapped on the face of the wife of the defacto complainant. The
defacto complainant has sustained injuries including fracture of
his shoulder bone. Two others were also injured.
4. Anticipatory bail cannot be granted in a case of this
nature. But at the same time, I am inclined to permit the
B.A.2141/2007
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petitioners to surrender before the Investigating Officer and
then to have their applications for regular bail ordered by the
Magistrate concerned. Accordingly, the petitioners are directed
to surrender before the Investigating Officer on any day
between 18.4.2007 and 20.4.2007 for the purpose of
interrogation and recovery of incriminating materials, if any.
The petitioners shall, thereafter, be produced on the same day
before the Magistrate having jurisdiction. The Magistrate shall
consider and dispose of the applications, if any, filed by the
petitioners for regular bail preferably on the same day on which
the applications are filed.
The application is disposed of as above.
V.RAMKUMAR,
JUDGE
mrcs
B.A.2141/2007
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