SAHADEVA PANICKER, AGED 64 YEARS versus STATE OF KERALA, REPRESENTING SUB

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SAHADEVA PANICKER, AGED 64 YEARS v. STATE OF KERALA, REPRESENTING SUB - Bail Appl No. 2065 of 2007 [2007] RD-KL 7285 (9 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2065 of 2007()

1. SAHADEVA PANICKER, AGED 64 YEARS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTING SUB
... Respondent

For Petitioner :SRI.G.PRIYADARSAN THAMPI

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. 2065 OF 2007 ````````````````````````````````````````````````````

Dated this the 9th day of April, 2007

O R D E R

Petitioner, who is the accused in Crime No.19/07 of Muhamma Police Station for an offence punishable under section 377 IPC, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. The case of the prosecution is that on 16.1.07 at about 2.30 p.m. the petitioner, aged 65 years, committed carnal intercourse against the order of nature on a 14 year old boy by name Vishnu.

4. Anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation, potency test, etc. and then to have his application for regular bail considered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 16.4.2007 and 18.4.2007 for the purpose of interrogation, potency test, etc. The petitioner shall, thereafter, be produced on the same day before the Magistrate  BA.2065/07 having jurisdiction, who shall consider and dispose of the application for regular bail, if any, filed by the petitioner. Such disposal shall preferably be on the same date on which the application is filed. This application is disposed of as above.

(V. RAMKUMAR, JUDGE)

aks 

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