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BINOY, S/O. SIVARAMAN versus S.I. OF POLICE, KENICHIRA POLICE STATION

High Court of Kerala

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BINOY, S/O. SIVARAMAN v. S.I. OF POLICE, KENICHIRA POLICE STATION - Bail Appl No. 178 of 2007 [2007] RD-KL 1045 (15 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 178 of 2007()

1. BINOY, S/O. SIVARAMAN,
... Petitioner

Vs

1. S.I. OF POLICE, KENICHIRA POLICE STATION
... Respondent

For Petitioner :SRI.LALJI P.THOMAS

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :15/01/2007

O R D E R

V.Ramkumar, J.


========================
B.A.No. 178 of 2007
========================

Dated this the 15th day of January, 2007.

ORDER

Petitioner, who is the accused in Crime No.236 of 2005 of Kenichira Police Station for offences punishable under Sections 450, 376 and 506(2) I.P.C., seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. The alleged occurrence took place on 23.4.2005. The complaint is said to have been lodged on 21.12.2005 after eight month in the form of a private complaint filed before the Magistrate. The de facto complainant is said to have delivered a child on 21.2.2006.

4. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then have his regular bail application disposed of by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 17.1.2007 and 19.1.2007 for the purpose of custodial interrogation BA 178/07 -: 2 :- and obtaining the potential certificate, etc. The petitioner shall thereafter be produced before the Magistrate on the same day. The Magistrate shall dispose of the application, if any, filed by the petitioner for regular bail preferably on the same date on which it is filed. With this direction, this petition is disposed of. V.Ramkumar, Judge. ess 15/1


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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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