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NEKKOTHKANDY MOIDEEN, S/O. MUHAMMED versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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NEKKOTHKANDY MOIDEEN, S/O. MUHAMMED v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 1729 of 2007 [2007] RD-KL 5971 (22 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1729 of 2007()

1. NEKKOTHKANDY MOIDEEN, S/O. MUHAMMED,
... Petitioner

Vs

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

2. STATION HOUSE OFFICER,

For Petitioner :SRI.V.RAMKUMAR NAMBIAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :22/03/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 1729 OF 2007 A ````````````````````````````````````````````````````

Dated this the 22nd day of March, 2007

O R D E R

Petitioner, who is the accused in Crime No.162/05 of Irikkur Police Station for an offence punishable under section 376 IPC, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. The defacto complainant is a 30 year old married woman. Her husband had deserted her. The petitioner had developed a sexual intimacy with her since 2000. Two children were also born in that relationship. Later the petitioner resiled from his promise to marry her. Thereupon she lodged the complaint alleging that the accused committed the offence under section 376.

4. 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 for interrogation and potency test and then to have his application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 27.3.2007 and 29.3.2007 for the purpose of interrogation and potency test. The petitioner shall, thereafter, be produced on the same day before the concerned Magistrate, who shall release the petitioner on bail on appropriate conditions. This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks


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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