IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2165 of 2007(T)
1. TOMY @ XAVIER
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/04/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 2165/2007
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Dated this 12th day of April, 2007
O R D E R
The petitioner, who is the fourth accused in
Crime.No.67/2007 of Kanjikuzhy police station for offences
punishable under Sections 353 and 225 IPC read with Section
34 IPC seeks anticipatory bail.
2. The case of the prosecution is that when the police
party had arrested the first accused, one Joy, for having
committed an abkari offence punishable under Section 55(i),
the petitioner and others rescued the said Joy by attacking the
police party.
3. Anticipatory bail cannot be granted in a case of this
nature. There is no reason why the petitioner should not
surrender before the Magistrate having jurisdiction and seek
regular bail. Accordingly, if the petitioner surrenders before
the Magistrate concerned and files an application for regular
bail within two weeks from today, the same shall be
considered and disposed of preferably on the same date on
which it is filed. The Magistrate may also consider whether
B.A.2165/2007
2
the offence punishable under Section 55(i) of the Abkari Act
could be saddled on the petitioner against whom there is no
such allegations.
The application is disposed of as above.
V.RAMKUMAR,
JUDGE
mrcs
