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REGHU, AGED 33 YEARS versus STATE OF KERALA

High Court of Kerala

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REGHU, AGED 33 YEARS v. STATE OF KERALA - Bail Appl No. 4275 of 2007 [2007] RD-KL 13033 (13 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4275 of 2007()

1. REGHU, AGED 33 YEARS,
... Petitioner

2. SYAMALAMMA, AGED 54 YEARS,

3. MRS. REKHA, D/O.SIVASANKARAN NAIR,

4. SIVASANKARAN NAIR,

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.C.B.SREEKUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :13/07/2007

O R D E R

R. BASANT, J.


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B.A.No. 4275 of 2007
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Dated this the 13th day of July, 2007

O R D E R

Application for anticipatory bail. The petitioners apprehend arrest as accused 1 to 4 in a crime registered under Section 498A I.P.C. The learned counsel for the petitioner submits that the marriage had taken place as early as in 2001. There is strain in the marital tie and therefor false and vexatious allegations are raised against the petitioners, who are husband and the relatives of the husband of the defacto complainant.

2. The learned Prosecutor, on instructions, submits that the Investigating Officer does not any more want to arrest the petitioners. The investigation is already complete and final report has already been filed. The petitioners must appear before the learned Magistrate and seek bail in the ordinary course. I find no reason to invoke the equitable discretion under Section 438 Cr.P.C. in favour of the petitioners, who need only appear before the learned Magistrate and seek regular bail. B.A.No. 4275 of 2007 2

3. This application is hence dismissed. Needless to say, if the petitioners surrender before the Investigating Officer or the learned Magistrate having jurisdiction and apply for regular bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously, on the date of surrender itself.

4. Hand over the order. (R. BASANT) Judge tm


Copyright

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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