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GOPINATHAN NAIR, AGED 55 YEARS v. SUB INSPECTOR OF POLICE, MALAYANKEEZHU - Bail Appl No. 2141 of 2007  RD-KL 7379 (10 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 2141 of 2007()
1. GOPINATHAN NAIR, AGED 55 YEARS,
2. SASIDHARAN NAIR, AGED 52 YEARS,
1. SUB INSPECTOR OF POLICE, MALAYANKEEZHU
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V.RAMKUMAR, J.Bail Application No. 2141/2007 Dated this 10th day of April, 2007
O R D E RThe petitioners, who are accused Nos.3 and 2 respectively in crime No.57/2007 of Malayinkeezhu Police Station for offences punishable under Sections 143, 147, 148, 427, 452, 323, 326 and 307 IPC read with Section 149 IPC, seek anticipatory bailable.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that at about 3.00 p.m on 4.3.2007, eight persons including the petitioners herein, criminally trespassed upon the house of the defacto complainant after breaking open the door and A1 inflicted cut injuries on the defacto complainant and one Prasanth. A3 slapped on the face of the wife of the defacto complainant. The defacto complainant has sustained injuries including fracture of his shoulder bone. Two others were also injured.
4. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the B.A.2141/2007 2 petitioners to surrender before the Investigating Officer and then to have their applications for regular bail ordered by the Magistrate concerned. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 18.4.2007 and 20.4.2007 for the purpose of interrogation and recovery of incriminating materials, if any. The petitioners shall, thereafter, be produced on the same day before the Magistrate having jurisdiction. The Magistrate shall consider and dispose of the applications, if any, filed by the petitioners for regular bail preferably on the same day on which the applications are filed. The application is disposed of as above. V.RAMKUMAR,
JUDGEmrcs B.A.2141/2007 3
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