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HUSSAIN, S/O.BAPPU versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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HUSSAIN, S/O.BAPPU v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 7405 of 2006 [2006] RD-KL 3650 (18 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7405 of 2006()

1. HUSSAIN, S/O.BAPPU,
... Petitioner

Vs

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

For Petitioner :SRI.RAJIT

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :18/12/2006

O R D E R

V.RAMKUMAR, J.

B.A.No. 7405 OF 2006

DATED THIS THE 18TH DAY OF DECEMBER, 2006

O R D E R

Petitioner who is the 5th accused in Crime No.146/06 of Vadakkekkad Police Station for offences punishable under sections 143, 147, 148, 323, 307 and 302 read with section 149 IPC, seeks anticipatory bail. The occurrence took place on 16.4.2006 at 5.45 PM. The deceased was the Municipal Chairman of Chavakkad Municipality.

2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. It is too early to conclude that the petitioner is not guilty of the offences alleged against him and he did not share the common object of the unlawful assembly allegedly formed prior to the occurrence. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within 10 days from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. With this direction, this petition is disposed of.

V.RAMKUMAR, JUDGE

dsn


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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