Paulose vs State Of Kerala on 2 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 462 of 2007()


1. PAULOSE, S/O.PAILY, AGED 47 YEARS,
                      ...  Petitioner
2. ALEESAMMA, W/O.PAULOSE, AGED 42 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/02/2007

 O R D E R
                                  V. RAMKUMAR, J.


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                                 B.A. No. 462 OF 2007

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                   Dated this the 2nd day of February, 2007


                                        O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioners,

who are husband and wife and accused Nos.1 and 2 in Crime No.7/07

of Alakode Police Station for offences punishable under Secs.452, 294

(b), 341, 324, 326 and 506(ii) read with section 34 I.P.C., seek

anticipatory bail.

2. I heard the learned counsel for the petitioners and the

learned Public Prosecutor. The learned Public Prosecutor opposed the

application.

3. The case of the prosecution is that at about 6 p.m. on

28.12.2006 the petitioners had trespassed into the house of the de facto

complainant, who is the sister of the first accused, and had assaulted

her with a chopper and stick, after abusing her and threatening her. The

motive is alleged to be an existing civil dispute between the parties. The

de facto complainant has sustained a fracture among other injuries.

3. Anticipatory bail cannot be granted in a case of this nature.

But, at the same time, I am inclined to permit the petitioners to surrender

before the Investigating Officer for interrogation and then to have their

BA.462/07

2

application for regular bail considered and disposed of by the Magistrate

concerned. Accordingly, the petitioners are directed to surrender before

the Investigating Officer on any day between 07/02/2007 and

09/02/2007 for the purpose of custodial interrogation and recovery of

incriminating materials, if any. After interrogation, the petitioners shall

be produced before the Magistrate concerned on the same day. The

Magistrate shall release the 2nd accused, who is a lady, on bail on

appropriate conditions. The Magistrate shall also consider and dispose

of the application, if any, filed by the first accused for regular bail

preferably on the same day on which it is filed.

This petition is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks