VINOD KUMAR, S/O.MARUTHAMUTHU versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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VINOD KUMAR, S/O.MARUTHAMUTHU v. STATE OF KERALA - Bail Appl No. 129 of 2007 [2007] RD-KL 911 (11 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 129 of 2007()

1. VINOD KUMAR, S/O.MARUTHAMUTHU,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :11/01/2007

O R D E R

V.Ramkumar, J.

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B.A.No.129 of 2006
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Dated this the 11th day of January, 2007.

ORDER

Petitioner, who is the accused in Crime No.228 of 2006 of Kumily Police Station for an offence punishable under Section 376 I.P.C., seeks anticipatory bail.

2. The case arose out of a private complaint lodged by one Radhika, who is stated to be the wife of the petitioner. The marriage of the petitioner with the said Radhika is said to have taken place on 6.2.2002 and the dates on which the alleged occurrence of rape took place are 28.10.2001 and 30.10.2001.

3. After hearing both sides and after perusing the documents produced by the petitioner, even though I am not inclined to grant anticipatory bail to the petitioner, I am inclined to give the petitioner an opportunity to surrender before the Investigating Officer and file an application for regular bail and have the same considered by the Magistrate. Accordingly, the petitioner shall surrender before the Investigating Officer any day between 12.1.2007 and 16.1.2007 for the purpose of interrogation. After interrogating the petitioner, the  BA 129/07 -: 2 :- Investigating Officer shall produce the petitioner before the Magistrate having jurisdiction on the same day. The Magistrate shall consider and dispose of the bail application, if any, filed by the petitioner preferably on the same date on which it is filed. With this direction, this petition is disposed of. V.Ramkumar, Judge. ess 11/1 

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