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REJI K.J. v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 667 of 2007  RD-KL 2862 (7 February 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 667 of 2007()
1. REJI K.J.,
1. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.Bail Application Nos.667 & 695 of 2007
DATED: FEBRUARY 7, 2007
O R D E RThe petitioner in B.A.667/2007 who is the 1st accused and the petitioners in B.A.695/2007 who are accused Nos.2 to 5 in Crime No.849/2006 of Vaikom Police Station for offences punishable under secs.332 and 395 I.P.C., seek anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that the petitioners and others were indulging in unauthorised mining of shells and on 29.12.2006 the police had seized a boat as well as the unauthorised shells and infuriated by the same, at about 1 a.m. on 30.12.2006 about 50 persons including the petitioners forcibly re-captured the boat and the shells from the custody of the police. The boat as well as the shells have not been seized by the police so far.
4. 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 8.2.2007 and 13.2.2007 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 B.A.667/2007 2 applications, if any, filed by the petitioners for regular bail preferably on the same day on which the applications are filed. These petitions are disposed of as above.
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