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FURVASE C.M. S/O.ABDUSSALAM v. STATE OF KERALA REPRESENTED BY THE - Bail Appl No. 626 of 2007  RD-KL 2560 (5 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 626 of 2007()
1. FURVASE C.M. S/O.ABDUSSALAM,
2. SIDDHIQUE C.K. S/O.MOIDU,
3. USMAN M.C. S/O.MUIHAMMED KUNHIM
1. STATE OF KERALA REPRESENTED BY THE
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.T.M.ABDUL LATHEEF
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application No.626/2007
DATED: FEBRUARY 5, 2007
O R D E RPetitioners who are accused Nos.4 and 5 in Crime No.26/2007 of Payyannur Police Station for offences punishable under secs.143, 147, 148, 341, 323, 326, 427 and 308 read with sec.149, seek anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. The occurrence took place on 14.1.2007 at 11 p.m. when the de facto complainant who was travelling in an autorickshaw was intercepted by accused Nos.1 to 8 armed with deadly weapons and assaulted. The de facto complainant has sustained injuries including a fracture on his face near the nose. Anticipatory bail cannot be granted in a case of this nature. But at the same time I am inclined to permit the petitioners to surrender before the Investigating Officer and then have their regular bail applications disposed of by the Magistrate concerned. Accordingly, the petitioners shall surrender before the Investigating Officer on any day between 7.2.2007 and 9.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. Thereafter the petitioners shall be produced before the Magistrate having jurisdiction, on the same day. The Magistrate shall consider and dispose of the applications, if any, filed by the petitioners for regular bail preferably on the same day on which the applications are filed. This petition is disposed of as above.
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