IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4359 of 2007(H)
1. HARIF, S/O. SEEDI (LATE)
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4359 of 2007
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Dated this the 18th day of July, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations for offences punishable, inter alia, under section 353
I.P.C. The allegation is in respect of an incident which took place
inside the police station. Crime has been registered. Investigation
has already been completed. The petitioner had come to this Court
apprehending imminent arrest by the police.
2. The learned Prosecutor submits that the police do not want
to arrest the petitioner now, final report having already been filed
before the Magistrate. The petitioner can appear before the learned
Magistrate and seek regular bail in the ordinary course, submits the
learned Prosecutor.
3. I am satisfied that there is merit in the opposition by the
learned Prosecutor. The petitioner must appear before the learned
Magistrate and then seek regular bail in the ordinary course, the final
report having already been filed.
B.A.No. 4359 of 2007
2
4. This application is hence dismissed. Needless to say, if the
petitioner surrenders before the Investigating Officer or the learned
Magistrate having jurisdiction and applies for regular bail after giving
sufficient prior notice to the Prosecutor in charge of the case, the learned
Magistrate must proceed to pass orders on merits, in accordance with law
and expeditiously – on the date of surrender itself.
(R. BASANT)
Judge
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