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LALU, RESIDING AT PALLICHAL VILLAGE versus STATE OF KERALA REPRESENTED BY

High Court of Kerala

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LALU, RESIDING AT PALLICHAL VILLAGE v. STATE OF KERALA REPRESENTED BY - Bail Appl No. 505 of 2007 [2007] RD-KL 2227 (31 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 505 of 2007()

1. LALU, RESIDING AT PALLICHAL VILLAGE,
... Petitioner

2. SATHY,

3. LALITH,

Vs

1. STATE OF KERALA REPRESENTED BY
... Respondent

For Petitioner :SRI.PRAKASH P.GEORGE

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :31/01/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 505 OF 2007 ````````````````````````````````````````````````````

Dated this the 31st day of January, 2007

O R D E R

The petitioners, who are accused Nos.1 to 3 in Crime No.390/06 of Nemom Police Station for offences punishable under Sections 341, 323, 324, 294(b) and 326 read with section 34 I.P.C., seek anticipatory bail.

2. The occurrence took place on 6.12.2006 during which the de facto complainant was initially beat with iron road by the first accused and then with a stone resulting in one of his teeth getting loosened.

3. The learned Public Prosecutor opposed the application.

4. Having regard to the facts and circumstances of the case, I am inclined to grant anticipatory bail only to accused Nos.2 and 3. Accordingly, a direction is issued to the officer-in-charge of the police station concerned to release accused Nos.2 and 3 on bail for a period of one month in the event of their arrest in connection with the above case on each of them executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction to the said officer and subject to the following conditions: BA.505/07 2

a. Petitioners 2 and 3(i.e., A2 and A3) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays.

b. Petitioners 2 and 3(i.e., A2 and A3) shall make themselves available for interrogation as and when required by the Investigating Officer.

c. Petitioners 2 and 3(i.e., A2 and A3) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

d. Petitioners 2 and 3(i.e., A2 and A3) shall not commit any offence while on bail.

e. Petitioners 2 and 3(i.e., A2 and A3) shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioners 2 and 3(i.e., A2 and A3) commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.

5. In the case of the first accused, I am not inclined to grant anticipatory bail. However, I am inclined to give him an opportunity to surrender before the Investigating Officer for the purpose of custodial interrogation and recovery of incriminating materials, if any, and then to BA.505/07 3 have his regular application for bail disposed of. Accordingly, the first accused is directed to surrender before the Investigating Officer on any day between 2.2.2007 and 5.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. After interrogation, the first accused shall be produced before the Magistrate, having jurisdiction, on the same day and the Magistrate shall consider and dispose of the application, if any, filed by the first accused for regular bail preferably on the same date on which it is filed. This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks


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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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