High Court Kerala High Court

Badusha vs State Of Kerala on 23 July, 2010

Kerala High Court
Badusha vs State Of Kerala on 23 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2888 of 2010()


1. BADUSHA, AGED 32, S/O.MOHAMMED ILLIYAS
                      ...  Petitioner
2. N.M.MOHAN, AGED 48,

                        Vs



1. STATE OF KERALA, REP.BY
                       ...       Respondent

                For Petitioner  :SRI.PRAVEEN K. JOY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :23/07/2010

 O R D E R
                        V. RAMKUMAR, J.
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                   Crl.M.C.No.2888 of 2010
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                 Dated: 23rd day of July, 2010

                               ORDER

Petitioners, who are accused Nos.1 and 2 in Crime

No.712/2010 of Anchal Police Station for offences punishable

under Sections 452, 384, 323 and 294(b) read with 34 IPC, seek a

direction to the Magistrate concerned to release the petitioners on

bail on the date of their surrender itself.

2. Accordingly, this Crl.M.C. is disposed of permitting the

petitioners to surrender before the learned Magistrate and file an

application for regular bail within a period of two weeks from

today. In case, the petitioners comply with the above condition,

their bail application shall be considered and disposed of on

merits preferably on the same date on which it is filed.

3. It is too early for this Court, in a petition under Section

482 Cr.P.C, to consider whether the case against the petitioners

is prima facie false. In case the Police, after investigation, files a

final report charge-sheeting the petitioners and in case grounds

exist to assail the charge sheet, the petitioners may work out

their remedies by moving the appropriate court.

Crl.M.C.No.2888 of 2010
2

This Crl.M.C is disposed of directing the Police not to

unnecessarily harass the petitioners during investigation.

Dated this the 23rd day of July, 2010

V. RAMKUMAR,
(JUDGE)
dmb