IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2551 of 2008()
1. SAMJOHN @ JOSE, S/O.K.S.JOY,
... Petitioner
2. SAMUEL GEORGE @ GEORGE SAMUEL,
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.HARILAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :29/04/2008
O R D E R
V.K.MOHANAN, J.
--------------------------------
Bail Application No.2551 of 2008
--------------------------------
Dated this the 29th day of April, 2008
O R D E R
This is a petition filed under Section 438 Cr.P.C for
anticipatory bail. The petitioners are accused Nos.1 and 2 in
crime No.133/2008 of Kurathikad police station registered for
the offences punishable under Sections 447,307,323 read with
34 I.P.C and Section 7 read with 27 of the Arms Act. According
to the allegation contained in the crime, on 12/4/2008 at 7 p.m
while the de facto complainant was sitting in his house, the first
petitioner came to his house in a car and called the de facto
complainant to the car wherein the second petitioner was sitting.
When the de facto complainant reached the car, the second
petitioner came out with a sword and inflicted a cut injury on his
head and uttered that he will do away with the de facto
complainant. At that time, the first petitioner allegedly stabbed
on his stomach and thereby he fell down.
2. I have heard the learned counsel for the petitioner as
well as the learned Public Prosecutor. The learned Public
Prosecutor submitted that the injury sustained by the de facto
B.A.No.2551/2008 2
complainant is very serious and the occurrence was taken place
only on 12/4/2008 and the investigation is in its preliminary
stage. Considering the facts and circumstances involved in this
case, I am not inclined to grant anticipatory bail to the
petitioner; but on the other side, this application can be disposed
of directing the petitioners to surrender before the Magistrate
court concerned where the crime is pending and seek regular
bail.
3. Therefore, the petitioners are directed to surrender
before the Magistrate court where crime No.133/2008 is pending
and on moving an application for regular bail with advance copy
to the Prosecutor, the learned Magistrate shall consider the
same and pass appropriate orders on merits preferably on the
date itself on which the petition being moved.
4. The above petition is disposed of accordingly.
(V.K.MOHANAN,JUDGE)
jsr
B.A.No.2551/2008 3