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A.R.SREEKUMAR, AGED 33 YEARS v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 285 of 2007  RD-KL 1503 (19 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 285 of 2007()
1. A.R.SREEKUMAR, AGED 33 YEARS,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.RATNA SINGH (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.285/2007
DATED: JANUARY 19, 2007
O R D E RPetitioner who is the 8th accused in Crime No.423/2006 of Mathilakam Police Station for offences punishable under Secs.143, 147, 148, 120(b), 449, 307 and 302 read with sec.149 I.P.C., seeks anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that at about 2 a.m. on 25.9.2006 the accused persons had criminally trespassed into the house of the de facto complainant and committed the murder of one Raju and had assaulted his wife Sandhya. According to the prosecution, the petitioner is the person who had engineered the whole occurrence. The learned Public Prosecutor also submitted that the petitioner is an accused in six other crimes.
4. Anticipatory bail cannot be granted in a case of this nature. But at the same time I am inclined to give the petitioner an opportunity to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for regular bail considered and disposed of by the Magistrate concerned expeditiously. B.A.285/07 2 Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 22.1.2007 and 24.1.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Thereafter the petitioner shall be produced before the Magistrate who is having jurisdiction, on the same day. The Magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed after taking into account the fact that accused Nos.1, 5, 6 and 9 have already been granted regular bail. This petition is disposed of as above.
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