High Court Kerala High Court

Madhu vs State Of Kerala on 31 January, 2007

Kerala High Court
Madhu vs State Of Kerala on 31 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 496 of 2007()


1. MADHU, AGED 26 YEARS,
                      ...  Petitioner
2. SURESH KUMAR, AGED 26 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.M.K.FAISAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :31/01/2007

 O R D E R
                                    V. RAMKUMAR, J.

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                     BAIL APPLICATION NO.496   OF 2007

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              DATED THIS THE 31ST DAY OF JANUARY, 2007


                                         O R D E R

Petitioners who are accused 1 and 2 in Crime No.8/07 of Mankara

Police Station for offences punishable under sections 341, 324 and 308

IPC, seek anticipatory bail.

2. Learned Public Prosecutor opposed the application

submitting, inter alia, that the de facto complainant was attacked with

sword and stick on 7.1.2007 by way of retaliation to the death of first

accused’s father on the previous day in an incident in which an

autorickshaw driven by the de facto complainant had capsized.

3. I am not inclined to grant anticipatory bail to the petitioners.

At the same time, I am inclined to give the petitioners an opportunity to

surrender before the Investigating Officer and then to have their regular

bail application disposed of by the Magistrate. Accordingly, the

petitioners are directed to surrender before the Investigating Officer on

any day between 5.2.2007 and 7.2.2007 for the purpose of

interrogation. The petitioners shall thereafter be produced before the

Magistrate having jurisdiction on the same day. The Magistrate shall

consider and dispose of the application, if any, filed by the petitioners for

regular bail, preferably on the same date on which it is filed.

This application is disposed of as above.

V.RAMKUMAR, JUDGE

dsn