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JOHN PAUL, AGED 22 YEARS, S/O.JOY versus SUB INSPECTOR OF POLICE

High Court of Kerala

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JOHN PAUL, AGED 22 YEARS, S/O.JOY v. SUB INSPECTOR OF POLICE - Bail Appl No. 548 of 2007 [2007] RD-KL 2370 (1 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 548 of 2007()

1. JOHN PAUL, AGED 22 YEARS, S/O.JOY,
... Petitioner

2. JIFIL JOSEPH @ JIBILAN, AGED 32 YEARS,

Vs

1. SUB INSPECTOR OF POLICE,
... Respondent

For Petitioner :SRI.AMJAD ALI

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :01/02/2007

O R D E R

V. RAMKUMAR, J.

Bail Application No. 548 of 2007

DATED: 01-02- 2007

O R D E R

Petitioners who are accused Nos. 2 and 3 in Crime No. 286 of 2006 of Varappuzha Police Station for for an offence punishable under Sec. 326 I.P.C. , seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. The learned Sessions Judge, Ernakulam also did not grant anticipatory bail to the petitioners while granting pre-arrest bail to the other accused. Anticipatory bail cannot be granted to the petitioners against whom specific overt acts are attributed and the de facto complainant had sustained injuries including fractures at the hands of the petitioners. But at the same time, I am inclined to allow the petitioners to surrender before the investigating officer for interrogation and then have their regular bail application disposed of by the Magistrate concerned. Accordingly, petitioners shall surrender before the Investigating Officer on any day between 5-02-2007 and 07-02- 2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Petitioners shall thereafter be produced on the same day before the Magistrate concerned who shall release the petitioners on bail on adequate conditions. This application is disposed of as above.

V.RAMKUMAR, JUDGE

ani-


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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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