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K.K.Mohandas vs The State Of Kerala on 6 March, 2007

Kerala High Court
K.K.Mohandas vs The State Of Kerala on 6 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1316 of 2007()


1. K.K.MOHANDAS, AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.O.V.MANIPRASAD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/03/2007

 O R D E R
                                    V. RAMKUMAR, J.


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                                 B.A. No. 1316 OF 2007

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                       Dated this the 6th day of March, 2007


                                           O R D E R

Petitioner, who is the 2nd accused in Crime No.28/2007 of

Kottayam East Police Station for offences punishable under sections

379, 411 and 468 read with section 34 IPC, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. The case of the prosecution is that on 19.01.2007 the police

conducted a search in the house of the first accused Muraleedharan,

who conducts a medical shop, and recovered surgical instruments worth

Rs.81,871/- supplied by the Government of Kerala to the Medical

College Hospital, Kottayam. Subsequent investigation revealed that the

petitioner, who was a Nursing Assistant who retired from the Medical

College Hospital, had committed theft of these surgical instruments from

the hospital with the assistance of the first accused, who had kept the

same for sale in his house.

4. It is too early to accept the petitioner’s contention that since

he retired from service in the year 2004, it is not possible at all for him to

commit theft of the surgical instruments in question. Anticipatory bail

cannot be granted in a case of this nature. But at the same time, I am

inclined to permit the petitioner to surrender before the Investigating Officer

BA.1316/07

: 2 :

for interrogation and then to have his application for regular bail considered

by the Magistrate concerned. Accordingly the petitioner is directed to

surrender before the Investigating Officer on any day between 13.3.2007 and

15.3.2007 for the purpose of interrogation and recovery of incriminating

materials, if any. He shall, thereafter, be produced on the same day before

the Magistrate having jurisdiction. The Magistrate shall consider and dispose

of the application, if any, filed by the petitioner for regular bail, preferably on

the same date on which it is filed.

This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks

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