High Court Kerala High Court

Shibu vs State Of Kerala on 14 July, 2006

Kerala High Court
Shibu vs State Of Kerala on 14 July, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4127 of 2006()


1. SHIBU, S/O. BABU,
                      ...  Petitioner
2. SHIJU, S/O. BABU,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :14/07/2006

 O R D E R
                           J.M.JAMES, J.
                             --------------
                          B.A.4127/2006
                           ------------------
      DATED THIS THE 14TH  DAY OF JULY, 2006


                             O R D E R

The petitioners are the accused, in crime

No.231/2006 of Sasthamcottah Police Station. The offence

alleged against them are under Sections 452, 354 and 427

IPC read with Section 34 IPC. It is alleged that the

accused had trespassed into the house of the defacto

complainant and attempted to assault the complainant.

They also caused damages to the ventilators and broken

the window panes. Hence the petitioners are before this

Court, under Section 438 Cr.P.C.

2. It is submitted that the second petitioner is

continuously undergoing treatment for Thyroid complaints.

I had gone through the laboratory records and find that he

is having mild thyroid complaints. However, I am unable

to accept the arguments of the learned counsel that the

second petitioner is suffering from any carcinoma.

3. After considering the materials on record, I

B.A.4127/2006
2

direct the petitioners to surrender before the

investigating officer of Sasthamcottah Police Station, on

21.7.2006 between 10.30 a.m and 11.00 a.m. The

investigating officer shall interrogate the petitioners and

thereafter, produce them before the Judicial Magistrate

of First Class, Sasthamcottah, as per the law. On such

production, if any application(s) for bail is filed by the

petitioners, the learned Magistrate shall release them on

bail, imposing such conditions, which are deemed

necessary.

The application is disposed of as above.

J.M.JAMES
JUDGE

mrcs