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Tomy @ Xavier vs State Of Kerala on 12 April, 2007

Kerala High Court
Tomy @ Xavier vs State Of Kerala on 12 April, 2007
       

  

  

 
 
  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.

                           ----------------------------

                   Bail Application No. 2165/2007

                           -----------------------------

                  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

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