HUSSAIN, AGED 60 YEARS versus THE STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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HUSSAIN, AGED 60 YEARS v. THE STATE OF KERALA, REPRESENTED BY - Bail Appl No. 1063 of 2007(H) [2007] RD-KL 4623 (5 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1063 of 2007(H)

1. HUSSAIN, AGED 60 YEARS,
... Petitioner

2. MUHAMMED, S/O.CHEKKUNNI,

3. SALIM, S/O.MOIDU, KUNNATH VALAYIL HOUSE,

4. GAFOOR, S/O.KUNHIMON,

5. ASHARAF, S/O.UMMER,

6. NAVAS, S/O.MUHAMMED UNNI,

7. FAZALU RAHMAN, S/O.ABOOBACKER,

8. FASHIR, S/O.ABOOBACKER,

9. SHAMEER, AGED 16 YEARS,

Vs

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

For Petitioner :SRI.BABU S. NAIR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :05/03/2007

O R D E R

V.RAMKUMAR, J.

Bail Application No. 1063/2007 Dated this 5th day of March, 2007

O R D E R

Petitioners who are accused Nos. 1 to 9 in Crime No. 67/2007 of Changaramkulam Police Station for an offence punishable under Section 377 IPC read with Section 34 IPC, seek anticipatory bail.

2. 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 for interrogation and potency test and then to have their applications for regular bail ordered by the Magistrate concerned.

3. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 12.3.2007 and 14.3.2007 for the purpose of interrogation and potency test. The petitioners shall thereafter, 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  B.A.1063/2007 2 petitioners for regular bail, preferably on the same day on which such applications are filed. This application is disposed of as above. V.RAMKUMAR,

JUDGE

mrcs 

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