SANTHOSH versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SANTHOSH v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 7514 of 2006 [2006] RD-KL 4238 (29 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7514 of 2006()

1. SANTHOSH,
... Petitioner

2. JOBY,

Vs

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

2. STATION HOUSE OFFICER,

For Petitioner :SRI.DILIP MOHAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :29/12/2006

O R D E R

M.N.Krishnan, J.

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B.A.No.7514 of 2006
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Dated this the 29th day of December, 2006.

ORDER

This is an application for bail involving under Section 332, 3419b) and 294(b) read with Section 34 I.P.C. The allegation is that a K.S.R.T.C. bus was obstructed and the driver was caught hold of and man-handled by the petitioner and others. The provision under Section 438 of Cr.P.C. is a benevolent provision intended to safeguard the innocent not to circumvent the law and procedure. Considering the nature of the offences, I am not inclined to grant bail under Section 438. But if the petitioners surrender before the Magistrate Court, the learned Magistrate is directed to consider the application to be filed by the petitioner as far as possible on the same date on which it is filed and pass orders untrammelled by the observations made in this order. This application is dismissed. M.N. Krishnan, Judge. ess 29/12 

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