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BIJU versus SUB INSPECTOR OF POLICE

High Court of Kerala

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BIJU v. SUB INSPECTOR OF POLICE - Bail Appl No. 3696 of 2007 [2007] RD-KL 10567 (19 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3696 of 2007()

1. BIJU,
... Petitioner

Vs

1. SUB INSPECTOR OF POLICE,
... Respondent

For Petitioner :SRI.R.KRISHNA RAJ

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :19/06/2007

O R D E R

R. BASANT, J.


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B.A.No. 3696 of 2007
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Dated this the 19th day of June, 2007

O R D E R

Application for anticipatory bail. The petitioner faces allegations, inter alia, under Section 308 I.P.C. and Section 27 of the Arms Act. The crux of the allegations is that on a complaint by the petitioner's sister that he is threatening her with a dangerous weapon, the police party went to the scene and the police party was allegedly attacked, threatened and deterred by the petitioner. No one had suffered any injury proper. Investigation is in progress. The petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He does not deserve to suffer the trauma of arrest and incarceration. The petitioner has some mental ailment and he did not intend to cause any act as alleged. This in short is the plea.

3. Whether the petitioner is entitled for the defence of insanity will have to be decided on the basis of the materials available in the trial. I am not persuaded to invoke the extra ordinary equitable B.A.No. 3696 of 2007 2 discretion under Section 438 Cr.P.C. in favour of the petitioner at this stage on the basis of such a defence raised by the petitioner. The petitioner must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek bail in the regular and ordinary course. If the petitioner surrenders, certainly the Investigating Officer will have to consider and probe into the present plea raised that the petitioner suffers from some mental ailment.

4. This application is accordingly dismissed with the above observations. (R. BASANT) Judge tm


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