High Court Kerala High Court

Sreekumar T.T. vs State Of Kerala on 5 October, 2007

Kerala High Court
Sreekumar T.T. vs State Of Kerala on 5 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2347 of 2007()


1. SREEKUMAR T.T., AGED 34 YEARS,
                      ...  Petitioner

                        Vs



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

2. MANOJ, S/O MANOHARAN,

3. RONY, S/O PERRERA, AGED 22 YEARS,

4. VINEESH, S/O VIJAYAN, AGED 22 YEARS,

5. RAJI, AGED 24 YEARS,

6. MANEESH, S/O VIJAYAN, AGED 20 YEARS,

7. KUTTAN @ SUNEESH, S/O BOSE,

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :05/10/2007

 O R D E R
                              R. BASANT, J.
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                      Cl.M.C.No. 2347 of 2007
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               Dated this the 5th day of October, 2007

                                  O R D E R

This petition has been filed by the petitioner, who is the defacto

complainant in Crime no.136 of 2007 of Palluruthy police station

registered, inter alia, under Sections 326 and 307 r/w. 149 I.P.C. The

petitioner has come to this Court with the grievance that anticipatory

bail was unjustifiably granted to the accused persons.

2. The learned Prosecutor was directed to take instructions.

The learned Prosecutor submits that the investigation is now

complete. Final report has already been filed. Cognizance has been

taken by the committal court. Committal proceedings has been

registered. The case stands posted to 25.10.2007.

3. Learned counsel for the petitioner submits that the learned

Sessions Judge may be directed to consider the application for bail

and impose appropriate conditions.

4. Needless to say the learned Sessions Judge must consider

the bail application and pass appropriate orders in the light of the

earlier order granting anticipatory bail. The petitioner shall be at

liberty to appear before the learned Sessions Judge and make his

Cl.M.C.No. 2347 of 2007
2

submissions, if any. Appropriate orders must be passed by the learned

Sessions Judge. I find absolutely no reason at this stage to interfere with

the impugned order of anticipatory bail passed by the learned Sessions

Judge. The grievance of the petitioner must be considered by the learned

Magistrate on merits and in accordance with law.

5. This petition is accordingly dismissed.

(R. BASANT)
Judge

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