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SHAFEEK,S/O.SHARAFUDEEN,THOPPIL NAGAR versus STATE OF KERALA REP.BY PUBLIC PROSECUTOR

High Court of Kerala

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SHAFEEK,S/O.SHARAFUDEEN,THOPPIL NAGAR v. STATE OF KERALA REP.BY PUBLIC PROSECUTOR - Bail Appl No. 1732 of 2007 [2007] RD-KL 6123 (23 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1732 of 2007()

1. SHAFEEK,S/O.SHARAFUDEEN,THOPPIL NAGAR,
... Petitioner

Vs

1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
... Respondent

For Petitioner :SRI.S.M.ALTHAF

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :23/03/2007

O R D E R

V.RAMKUMAR, J.

Bail Application No. 1732/2007 Dated this 23rd day of March, 2007

O R D E R

The petitioner, who is the accused in Crime No.41/2007 of Kollam West Police Station for offences punishable under Sections 324, 308 and 452 IPC, seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application.

3. The case of the prosecution is that at about 12.00 midnight on 26.2.2007, the accused armed with a sword criminally trespassed into the house of the defacto complainant after breaking open the door and assaulted the defacto complainant. The motive for the occurrence is the unfounded suspicion which he has entertained that the defacto complainant was the man behind the attack on his brother.

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 and then to have his application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioner is directed B.A.1732/2007 2 to surrender before the Investigating Officer on any day between 28.3.2007 and 30.3.2007 for the purpose of interrogation and recovery of incriminating materials, if any. The petitioner shall, thereafter, be produced on the same day before the Magistrate having jurisdiction. The 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. The application is disposed of as above. V.RAMKUMAR,

JUDGE

mrcs B.A.1732/2007 3


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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