IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 607 of 2007()
1. NANDAGOPAL,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/02/2007
O R D E R
V. RAMKUMAR, J.
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Bail Application No.607/2007
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DATED: FEBRUARY 7, 2007
O R D E R
Petitioner who is the 5th accused in Crime No.3/2007 of Eloor Police
Station for an offence punishable under secs.143, 147, 148, 341, 323, 324, 326
and 307 read with sec.149 I.P.C. and sec.27 of the Arms Act, seeks anticipatory
bail.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that the occurrence took place at about
10.40 p.m. on 5.1.2007 on a public road when the de facto complainant who was
coming on a motorbike is alleged to have been assaulted by 8 persons armed
with deadly wepons like iron pipe, sword etc. causing injuries including a fracture.
4. 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 for custodial interrogation and thereafter to have his regular
bail application disposed of by the Magistrate concerned. Accordingly, the
petitioner is directed to surrender before the Investigating Officer on any day
between 8.2.2007 and 13.2.2007 for the purpose of custodial interrogation and
recovery of incriminating materials, if any. Thereafter the petitioner shall be
produced before the concerned Magistrate who shall release the petitioner on
B.A.607/2007 2
bail on appropriate conditions. It shall, however, be subject to the right of the
investigating agency to seek police custody of the petitioner for the purpose of
further investigation. This petition is disposed of as above.
V.RAMKUMAR, JUDGE
mt/-