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MADHU, KURUMUTTATH VEEDU versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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MADHU, KURUMUTTATH VEEDU v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 866 of 2007 [2007] RD-KL 3284 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 866 of 2007()

1. MADHU, KURUMUTTATH VEEDU,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SRI.K.SASIKUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :14/02/2007

O R D E R

V. RAMKUMAR, J.

B.A.No.866 of 2007 Dt. FEBRUARY 14, 2006

ORDER

Petitioner who is the accused in Crime No.30/2007 of Pandalam Police Station for offences punishable under secs.452, 323, 326, 354 and 427 I.P.C., seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application submitting inter alia that the de facto complainant who is the sister-in-law of the petitioner was attacked at about 8 p.m. on 12.1.2007 from her house with weapons like iron rod etc. and she had sustained injuries including a compound fracture on her right leg.

3. It is too early to accept the petitioner's contention that he has been falsely implicated at the instance of the de facto complainant. Anticipatory bail cannot be granted in a case of this nature. 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 19.2.2007 and 21.2.2007 for the purpose of custodial interrogation and recovery of incriminating materials, if any. The petitioner shall thereafter be produced before the magistrate having jurisdiction, on the same day. The B.A.866/2007 2 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.

V.RAMKUMAR, JUDGE

mt/-


Copyright

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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