Rajesh vs State Of Kerala Represented By The on 13 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 777 of 2007()


1. RAJESH S/O RAVI, KOTTACKAL,
                      ...  Petitioner
2. THANKACHAN, S/O.MADHUSOODHANAN,
3. MAHENDRAN, S/O. JANARDHANAN,
4. BIJU, S/O.CHANDRAN, BANGLAVIL,
5. THAMPAN S/O.MADHUSOODHANAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.A.K.ALEX

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/02/2007

 O R D E R
                                V. RAMKUMAR, J.


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                             B.A. No. 777 OF 2007 B

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                  Dated this the 13th day of February, 2007


                                      O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioners,

who are accused Nos.1 to 5 in Crime No.713/2006 of Kayamkulam

Police Station for offences punishable under Sections 143, 147, 148,

452, 427, 323 and 324 read with section 149 I.P.C., seek anticipatory

bail.

2. I heard the learned counsel for the petitioners and the

learned Public Prosecutor. The learned Public Prosecutor opposed the

application submitting that the petitioners had trespassed into the house

of the de facto complainant at about 11 p.m. on 17.12.2006 armed with

iron rod, wooden stick, etc. and assaulted the de facto complainant.

3. In as much as the present occurrence is equal to an earlier

crime registered as Crime No.714/06, which took place on the same

day, eventhough I am not inclined to grant anticipatory bail to the

petitioners, I am inclined to permit the petitioners to surrender before the

Investigating Officer for interrogation and then to have their regular bail

application ordered by the Magistrate concerned. Accordingly, the

petitioners are directed to surrender before the Investigating Officer on

BA.777/07

2

any day between 19.2.2007 and 21.2.2007 for the purpose of custodial

interrogation and recovery of incriminating materials, if any. The

petitioners shall, thereafter, be produced on the same day before the

Magistrate concerned, who shall release them on bail on appropriate

conditions.

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks