IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3003 of 2008()
1. JESTIN RAJU, PONKUNNEL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.MOHAN IDICULLA ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :16/05/2008
O R D E R
V.K.MOHANAN, J.
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Bail Application No. 3003 of 2008
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Dated this the 13th day of May, 2008
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner,
who is the 2nd accused in Crime No. 141/2008 of Kuruvilangad
Police Station for offences punishable under Sections 452, 308,
323 and 294(b) read with Section 34 I.P.C., seeks anticipatory
Bail.
2. The learned Public Prosecutor opposed the
application.
3. Anticipatory bail cannot be granted in a case involving
such grave offence. It is too early to accept the petitioner’s
contention that the petitioner has been falsely implicated. It is
brought to my notice that the other accused were already released
on bail and his application for anticipatory bail was rejected as per
Annexure A1 order for the reason that the custodial interrogation
of the petitioner was essential to recover the weapon used for
inflicting the injury on the de-facto complainant. It is a fact that the
weapon used for the commission of the offence was recovered on
28.03.2008 and also after investigation the final report is filed.
B.A. No. 3003 OF 2008
2
That being the position, the custodial interrogation of the
petitioner is not warranted. There is no reason why the petitioner
should not surrender before the magistrate concerned and seek
regular bail. Accordingly, if the petitioner surrenders before the
Magistrate concerned within two weeks from today and files an
application for regular bail, the same shall be considered and
disposed of preferably on the same day on which it is filed bearing
in mind the decision in Sukumari v. State of Kerala (2001 (1)
KLT 22).
With the above observation, this Application is disposed of .
V.K.MOHANAN,
JUDGE.
ttb