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UNNI.S, AGED 18 YEARS v. STATE OF KERALA REP.BY PUBLIC PROSECUTOR - Bail Appl No. 5710 of 2006  RD-KL 932 (28 September 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 5710 of 2006()
1. UNNI.S, AGED 18 YEARS,
1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.BIJU M.JOHN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
O R D E R
J.M.JAMES, J.B.A. 5710/2006
DATED THIS THE 28TH DAY OF SEPTEMBER, 2006
O R D E RThe petitioners 1 and 2 are before this Court, under Section 438 Cr.P.C., as thay apprehend arrest in crime No.1010/2006 of Karunagappally Police Station for the offence punishable under Sections 283 and 353 IPC read with Section 34 IPC and also under Sections 3(1) of the P.D.P.P Act as well as 27 of the Arms Act.
2. It is alleged that while the defacto complainant and another constable were doing petrol duty on 6.9.2006 in the mid night, they found four persons at the center of the road. The defacto complainant asked the persons to clear of the road. At that time, the first accused, Nizam, took out the sword from his possession and threatened the defacto complainant. The second petitioner herein had stamped on the motor cycle and thereby caused damage to the tail lamp. Hence, at the instance of the defacto complainant, the crime had been registered against accused Nos. 1 and 2.
3. The prosecution submitted that the first petitioner, Unni, is not arrayed as accused and the second B.A.5710/2006 2 petitioner is the second accused in the crime. The learned counsel for the petitioners made some allegations against the defacto complainant. Therefore, I had directed the learned Public Prosecutor to verify the facts regarding the said allegations.
4. After hearing both sides and considering the materials that are placed before me, I direct the second petitioner, second accused, Ragesh, to surrender before the Investigating Officer, who is investigating crime No.1010/2006 of Karunagappally Police Station, on 4.10.2006 between 9.30 a.m and 10.00 a.m.
5. The Investigating Officer shall interrogate the second petitioner, Ragesh, and thereafter, produce him before the Court below, at 4.00 p.m, on th same day itself.
6. The learned Magistrate shall allow the petitioner to be on bail, imposing such conditions, as are deemed necessary. The application is disposed of as above. J.M.JAMES
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