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ABDUL KALAM, KALAM MANZIL versus THE STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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ABDUL KALAM, KALAM MANZIL v. THE STATE OF KERALA, REPRESENTED BY THE - Bail Appl No. 275 of 2007 [2007] RD-KL 1380 (18 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 275 of 2007()

1. ABDUL KALAM, KALAM MANZIL,
... Petitioner

Vs

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

2. THE SUB INSPECTOR OF POLICE,

3. SUMAYYA BEEVI, W/O.ABDUL KALAM,

For Petitioner :SRI.P.A.AHAMMED

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :18/01/2007

O R D E R

V. RAMKUMAR, J.


- - - - - - - - - - - - - - - - -
BAIL APPLICATION NO.275 OF 2007
- - - - - - - - - - - - - - -

DATED THIS THE 18th DAY OF JANUARY, 2007

O R D E R

Petitioner who is the accused in Crime No.291/06 Poonthura Police Station for offences punishable under sections 498A and 307 IPC, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. The case of the prosecution is that the de facto complainant, viz; Sumayya Beevi who is the wife of the petitioner and whom the petitioner had married in 1978 was assaulted by the petitioner on her head with an iron chair at about 9AM on 24.11.2006 and that the petitioner had also thrown boiling water all over her body.

4. It is too early to accept the petitioner's contention that the alleged incident is false and that it was an accident on account of the carelessness of the de facto complainant herself. 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 BA.275/07 Page numbers an application for regular bail, within two weeks 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


Copyright

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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