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JAFFER, S/O.RAYINKUTTY, KOTTAKKARA versus STATE OF KERALA, THROUGH THE

High Court of Kerala

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JAFFER, S/O.RAYINKUTTY, KOTTAKKARA v. STATE OF KERALA, THROUGH THE - Bail Appl No. 2344 of 2007 [2007] RD-KL 7902 (17 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2344 of 2007()

1. JAFFER, S/O.RAYINKUTTY, KOTTAKKARA
... Petitioner

Vs

1. STATE OF KERALA, THROUGH THE
... Respondent

For Petitioner :SRI.SUNNY MATHEW

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

Dated :17/04/2007

O R D E R

K.T. SANKARAN, J.

B.A. NO. 2344 OF 2007

Dated this the 17th day of April, 2007

O R D E R

This is an application filed under Section 438 of the Code of Criminal Procedure for granting anticipatory bail.

2. The petitioner is the accused in C.C.No.73 of 2007, on the file of the Court of the Judicial Magistrate of the First Class - I, Perinthalmanna. C.C.No.73 of 2007 was registered after splitting up the case from C.C.No.188 of 2004, in which the petitioner was one of the accused persons. The offence alleged was under Section 153(A)(2) of the Indian Penal Code. The allegation is that the petitioner and others, who belong to Muslim community, had entered into the compound of a Siva temple. Accused Nos.2 and 3 stood trial in C.C.No.188 of 2004 and they were acquitted by judgment dated 1.2.2007. All the prosecution witnesses turned hostile and nobody supported the prosecution B.A.NO. 2344 OF 2007 case. It is stated that warrant is issued against the petitioner.

3. In the facts and circumstances of the case, there will be a direction to the petitioner to appear before the Court of the Judicial Magistrate of the First Class-I, Perinthalmanna within ten days and move an application for bail. If such an application is filed, the learned Magistrate shall dispose of the same on the same day on which it is filed. The Bail Application is disposed of. (K.T.SANKARAN) Judge ahz/


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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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