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ABDUL JALEEL, AGED 25 YEARS v. THE STATE - Bail Appl No. 445 of 2007  RD-KL 2054 (30 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 445 of 2007()
1. ABDUL JALEEL, AGED 25 YEARS,
1. THE STATE,
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.T.K.SAIDALIKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.445/2007
DATED: 30, 2007
O R D E RPetitioner who is the accused in Crime No.7/2007 of Karuvarakundu Police Station for an offence punishable under Secs.376 and 506(i) I.P.C., seeks anticipatory bail.
2. The case of the prosecution is that about 9 months prior to 6.1.2007 the petitioner had allegedly committed rape of the de facto complainant namely 20 year old Bushra and that the victim has given birth to a child two days after the lodgment of the complaint.
3. The learned Public Prosecutor opposed the application.
4. Anticipatory bail cannot be granted in a case of this nature since it is too early to accept the petitioner's contention that he is not guilty of the offence. But at the same time I am inclined to permit the petitioner to surrender before the Investigating Officer and then have his regular bail application disposed of by the Magistrate concerned. Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 1.2.2007 and 3.2.2007 for the purpose of custodial interrogation including the subjecting of the petitioner to potency test. 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. This petition is disposed of as above.
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