IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 160 of 2007()
1. SAJU SAMUEL AGED 23, SAJU SADANAM,
... Petitioner
2. VINID KUMAR, AGED 24,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.S.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :19/01/2007
O R D E R
V.Ramkumar, J.
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B.A.No.160 of 2007
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Dated this the 19th day of January, 2007.
ORDER
Petitioners, who are accused Nos. 1 and 2 in Crime No.542 of
2006 of Kunnicode Police Station for offences punishable under
Sections 451, 323, 324 and 427 read with Section 34 I.P.C. and
subsequently also registered for an offence punishable under Section
308 I.P.C., seek anticipatory bail.
2. The learned Public Prosecutor opposed the application
submitting inter alia that the first accused is a habitual offender and
the de facto complainant had sustained grave head injuries.
3. It is true that the alleged occurrence took place on
25.12.2006 at 7.30 p.m. in front of the shop of the de facto
complainant and he was struck on the head with a wooden stick.
Going by the facts and circumstances of the case, anticipatory bail
cannot be granted to the petitioners. But at the same time, I am of
the view that the petitioners should be given an opportunity to
surrender before the Investigating Officer for interrogation and
thereafter release on bail by the Magistrate having jurisdiction.
BA 160/06 -: 2 :-
Accordingly, the petitioners shall surrender before the Investigating
Officer on any day between 22.1.2007 and 23.1.2007 for the purpose
of custodial interrogation and recovery of incriminating material, if any.
The petitioner shall thereafter be produced before the Magistrate
having jurisdiction on the same day, who shall in the event of an
application for bail filed by the petitioners, release them on bail on
appropriate conditions.
This application is allowed as above.
V.Ramkumar,
Judge.
ess 19/1