IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4987 of 2008()
1. AJEESH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :01/09/2008
O R D E R
K. HEMA, J.
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B.A.No. 4987 of 2008
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Dated this the 1st day of September,2008
O R D E R
Application for anticipatory bail.
2. The alleged offences are under sections 143, 147, 148,
149, 109, 323, 307 and 120(b) IPC. According to the prosecution,
accused 1 to 5 came in a motor bike and attempted to commit
murder of defacto-complainant. The 6th accused provided
weapons to them. Accused 7 to 9 were implicated in the offence
as persons who conspired to commit the offence with others.
According to prosecution, the offence was committed as a
retaliation to an attack made on the 9th accused whose hand was
chopped off in an incident occurred in 2005.
3. Learned counsel for the petitioner submitted that the 6th
accused who has more serious role in the offence was granted an
order in his favour as per order dated 11-5-2008 in B.A.
no.2973/2008 by this Court. Petitioner is the 9th accused, and he
is implicated at a highly belated stage, in an offence of
conspiracy, with an ulterior motive, it is submitted. Therefore,
petitioner may be granted at least the same benefit, as extended
to 6th accused by this Court.
BA 4987/08 2
4. The application is opposed. On going through the order
passed in favour of the 6th accused, I find that having granted
such an order, I do not find any reason why similar order cannot
be passed in the case of petitioner also.
5. Hence, the following order is passed:-
(1) Petitioner shall surrender before the Investigating
Officer within seven days from today and make
himself available for interrogation.
(2) Thereafter, in the event of his arrest, if any, he
shall be produced before the Magistrate court on
the same day by the police.
(3) On production of the petitioner before the
learned Magistrate, and if any bail application is
filed, the said application shall be disposed of by
the learned Magistrate on merit, as
expeditiously as possible.
This application is disposed of accordingly.
K. HEMA, JUDGE.
mn.