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BAIJU, ALPHONS, ST.JOSEPH ISLAND versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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BAIJU, ALPHONS, ST.JOSEPH ISLAND v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 2080 of 2007 [2007] RD-KL 7208 (9 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2080 of 2007()

1. BAIJU, ALPHONS, ST.JOSEPH ISLAND,
... Petitioner

2. VINOD, KAMBETTAYYATHU VEEDU,

3. ANI DASAN, ST.JOSEPH ISLAND,

4. LOUIS JOSE, ST.GEORGE ISLAND,

Vs

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

For Petitioner :SRI.DILEEP P.PILLAI

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :09/04/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 2080 OF 2007 ````````````````````````````````````````````````````

Dated this the 9th day of April, 2007

O R D E R

Petitioners 4 in number seek anticipatory bail on the allegation that the Sakthikulangara police are at their heels in connection with Crime No.70/07 registered for offences punishable under sections 452, 324, 427 and 294(b) read with section 34 IPC.

2. Learned Public Prosecutor, on instructions, submitted that while petitioners 1 and 3 are accused Nos.3 and 4 respectively, petitioners 2 and 4 are not accused in the said case.

3. The case of the prosecution is that due to previous enmity at about 2 p.m. on 20.2.07 the petitioners and the other accused persons criminally trespassed upon the property of the defacto complainant and assaulted him with stick, etc.

4. Eventhough anticipatory bail cannot be granted in a case of this nature, I am inclined to permit the petitioners to surrender before the Investigating Officer for interrogation and recovery of incriminating materials, if any, and thereafter to have their application for regular bail considered by the Magistrate having jurisdiction. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 16.4.2007 and 18.4.2007 for the purpose of BA.2080/07 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 release the petitioners on bail on appropriate conditions including one ensuring that they shall not commit any offence while on bail. 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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