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R.RAJESH KUMAR, S/O.RAJENDRAN NAIR v. STATE OF KERALA, REPRESENTED - Bail Appl No. 97 of 2007  RD-KL 768 (10 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 97 of 2007()
1. R.RAJESH KUMAR, S/O.RAJENDRAN NAIR,
1. STATE OF KERALA, REPRESENTED
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.B.A.NO.97 OF 2007 Dt. JANUARY 10, 2006
ORDERPetitioner who is the 2nd accused in Crime No.393/2006 of Ranny Police Station for an offence punishable under sec.376 read with sec.34 I.P.C., seeks anticipatory bail.
2. The learned Public Prosecutor opposed the application submitting inter alia that the de facto complainant who is the victim is a mentally retarded lady aged 26 years and that the petitioner also had ravished the girl.
3. Having regard to the facts of the case, I am not inclined to grant anticipatory bail to the petitioner. But, at the same time, I am inclined to allow the petitioner to surrender before the Investigating Officer and then have his bail application disposed of by the magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 11.1.2007 and 16.1.2007 for the purpose of custodial interrogation and subjecting the petitioner to potency test etc. Thereafter the petitioner shall be produced before the magistrate who is having jurisdiction, on the same day. The magistrate shall consider and dispose B.A.97/2007 Page numbers of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. With this direction this petition is disposed of.
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