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MUHAMMAD IQBAL, AGED 42 YEARS versus THE STATE OF KERALA, REP. BY

High Court of Kerala

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MUHAMMAD IQBAL, AGED 42 YEARS v. THE STATE OF KERALA, REP. BY - Bail Appl No. 1101 of 2007(M) [2007] RD-KL 4225 (26 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1101 of 2007(M)

1. MUHAMMAD IQBAL, AGED 42 YEARS,
... Petitioner

2. RAFIQUE, AGED 20 YEARS,

Vs

1. THE STATE OF KERALA, REP. BY
... Respondent

For Petitioner :SRI.PROMY KAPRAKKATT

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :26/02/2007

O R D E R

V. RAMKUMAR, J.


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BAIL APPLICATION NO.1101 OF 2007
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DATED THIS THE 26th DAY OF FEBRUARY, 2007

O R D E R

Petitioners who are accused Nos.1 and 3 in Crime No.47/07 of Thaliparamba Police Station for offences punishable under sections 143, 147, 148, 148, 324 and 308 read with section 149 IPC, seek anticipatory bail.

2. Learned Public Prosecutor opposed the application. The occurrence took place on 19.1.2007 at 9.30 PM on a public road where four persons were injured on being attacked with stone and stick. The other accused in the case surrendered before the Magistrate and were granted bail only after one week of their judicial custody.

3. Anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioners to surrender before the Investigating Officer for interrogation and then to have their application for bail considered by the Magistrate concerned. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 05.03.2007 and 07.03.2007 for the purpose of interrogation and recovery of incriminating materials, if any. The petitioners shall thereafter be produced on the same day before the Magistrate having jurisdiction who shall consider BA.1101/07 Page numbers and dispose of the application for regular bail, if any filed by the petitioners for regular bail, preferably on the same date on which it is filed. This application is disposed of as above.

V.RAMKUMAR, JUDGE

dsn


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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