Reji K.J vs State Of Kerala on 7 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 667 of 2007()


1. REJI K.J.,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :07/02/2007

 O R D E R
                                       V. RAMKUMAR, J.

                       ----------------------------------------------------------

                         Bail Application Nos.667 & 695 of 2007

                       ----------------------------------------------------------

                                DATED: FEBRUARY 7, 2007


                                            O R D E R

The petitioner in B.A.667/2007 who is the 1st accused and the petitioners

in B.A.695/2007 who are accused Nos.2 to 5 in Crime No.849/2006 of Vaikom

Police Station for offences punishable under secs.332 and 395 I.P.C., seek

anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. The case of the prosecution is that the petitioners and others were

indulging in unauthorised mining of shells and on 29.12.2006 the police had

seized a boat as well as the unauthorised shells and infuriated by the same, at

about 1 a.m. on 30.12.2006 about 50 persons including the petitioners forcibly

re-captured the boat and the shells from the custody of the police. The boat as

well as the shells have not been seized by the police so far.

4. Anticipatory bail cannot be granted in a case of this nature. But at the

same time I am inclined to permit the petitioners to surrender before the

Investigating Officer and then have their regular bail applications disposed of by

the Magistrate concerned. Accordingly, the petitioners shall 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 petitioners shall be produced before the Magistrate having

jurisdiction, on the same day. The Magistrate shall consider and dispose of the

B.A.667/2007 2

applications, if any, filed by the petitioners for regular bail preferably on the

same day on which the applications are filed. These petitions are disposed of as

above.

V.RAMKUMAR, JUDGE

mt/-