IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1040 of 2007()
1. SAKKEER, AGED 39 YEARS,S/O.BASHEER,
... Petitioner
2. SIYAD, S/O.BASHEER, HOUSE NO.16,THOPPIL
3. RIYAS, S/O.BASHEER,HOUSE NO.16,
Vs
1. STATE OF KERALA REP.BY THE PUBLIC
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :26/02/2007
O R D E R
V. RAMKUMAR, J.
- - - - - - - - - - - - - - - - -
BAIL APPLICATION NO. 1040 OF 2007
- - - - - - - - - ----------------------- - - - - - -
DATED THIS THE 26th DAY OF FEBRUARY, 2007
O R D E R
Petitioners who are accused Nos.1 to 3 in Crime No.28/07 of
Kollam West Police Station for an offence punishable under section 307
read with section 34 IPC, seek anticipatory bail.
2. Learned Public Prosecutor opposed the application.
3. The case of the prosecution is that at about 8.30 PM on
8.2.2007 the accused persons armed with deadly weapons like iron rod,
sword, etc. are alleged to have attacked the de facto complainant.
4. Anticipatory bail cannot be granted in a case of this nature.
However, I am inclined to permit the petitioners to surrender before the
Investigating Officer for interrogation and then to have their application
for regular bail considered by the Magistrate. Accordingly, the petitioners
are directed to surrender before the Investigating Officer on any day
between 05.03.2007 and 07.03.2007 for the purpose of interrogation and
recovery of incriminating materials, if any. The petitioners shall thereafter
be produced on the same day before the Magistrate having jurisdiction.
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