IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2634 of 2008()
1. PRADEESHKUMAR,S/O. MADAHVAN NAMBIAR
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE C.I. OF POLICE,
For Petitioner :SRI.R.RAJASEKHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2634 of 2008
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Dated this the 29th day of April, 2008
ORDER
Application for anticipatory bail. The petitioner
apprehends arrest as an accused in a crime registered under
Sec.395 of the IPC. The crime was of the year 2005.
Investigation is now complete. Final report has already been
filed. Cognizance has been taken. Committal proceedings
has been registered. Reckoning the petitioner as an
absconding accused, coercive processes have been issued
against the petitioner. The petitioner apprehends imminent
arrest.
2. According to the learned counsel for the petitioner,
the petitioner is absolutely innocent. The petitioner is not
guilty of any offence alleged. There is some mistaken identity
which has prompted the police to make false allegations
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against the petitioner. The petitioner is willing to surrender
before the learned Magistrate and seek regular bail. The
learned counsel for the petitioner prays that identical directions
as were imposed in favour of the petitioner as per the order
dated 1.4.08 in B.A.No.1983/08 may be issued in favour of the
petitioner herein. I am satisfied that the said request can be
accepted.
3. In the result this bail application is dismissed; but with
the specific observation that if the petitioner surrenders before
the learned Magistrate and applies 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 – on the date of surrender
itself.
4. The contention of the petitioner that he is not the
accused in question can, of course, be raised before the learned
Magistrate and appropriate orders sought at the appropriate
stage.
Sd/-
(R. BASANT, JUDGE)
Nan/ //true copy// P.S. to Judge
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