High Court Kerala High Court

Remanan Aged 42 Years vs State Of Kerala on 27 June, 2007

Kerala High Court
Remanan Aged 42 Years vs State Of Kerala on 27 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3771 of 2007()


1. REMANAN AGED 42 YEARS, S/O.CHELLAPPAN,
                      ...  Petitioner
2. SHIBU @ APPU AGED 31 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.JAISHANKAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :27/06/2007

 O R D E R
                                  R.BASANT, J

                         ------------------------------------

                             B.A.No.3771 of 2007

                        -------------------------------------

                     Dated this the 27th day of June, 2007


                                      ORDER

Application for anticipatory bail. The petitioners are accused 6

and 11. Altogether there are 12 accused persons. They face

allegations, inter alia, under Sections 452 and 307 r/w 149 I.P.C. The

crux of the allegations is that the defacto complainant was attacked at

2 a.m on 29.08.2006 by members of an unlawful assembly. The 1st

petitioner (6th accused) is named in the F.I.R. The 2nd petitioner (11th

accused) has been arrayed as an accused subsequently as one of the

identifiable person referred to in the F.I.R. Investigation is in

progress. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that the

petitioners are absolutely innocent. Anticipatory bail may, in these

circumstances, be granted to the petitioners, it is prayed. So far as

the 6th accused, it is contended that though the name and father’s

name of the petitioner tally with the description of the 6th accused, the

other details (address of the place of residence) do not tally with and

therefore the 6th accused is entitled for anticipatory bail on that

ground also.

3. The learned Public Prosecutor after taking instructions

submits that there is absolutely no confusion about the identity of the

B.A.No.3771 of 2007 2

6th accused. Notwithstanding the innocuous difference in the

description of the address of the 6th accused, it is evident that it is one

and the same person that is arrayed as the 6th accused and who has

filed this application for anticipatory bail. The addresses referred to,

on the basis of which confusion is attempted to be created, are only

the former and present addresses of the accused persons, submits the

learned Public Prosecutor.

4. I have considered all the relevant inputs. I find merit in

the opposition by the learned Public Prosecutor . I find no merit in

the attempt to create confusion on the basis of the difference in the

address of the 6th accused. This, I am satisfied, is a fit case, where the

petitioners must resort to the ordinary and regular procedure of

appearing before the learned Magistrate or the Investigating Officer.

They must then seek regular bail. Needless to say that their

applications for regular bail will have to be considered by the learned

Magistrate on merits, in accordance with law and expeditiously. No

further or better directions appear to be necessary. All courts must

do the same.

5. In the result, this bail application is, dismissed with the

above observations.

(R.BASANT, JUDGE)

rtr/-

B.A.No.3771 of 2007 3