Kerala High Court
Sudheer vs Sub Inspector Of Police on 2 April, 2007
Author: V.Ramkumar
Bench: V.Ramkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1925 of 2007()
1. SUDHEER, T.C.39/1923,
... Petitioner
2. HUSSAIN, T.C.39/1207,
3. SHAJEER, KARIMADOM COLONY,
4. SHEREEF, T.C.39/1161,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.S.GOPAKUMARAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/04/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1925/2007
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Dated this 2nd day of April, 2007
O R D E R
The petitioners, who are accused Nos. 1 to 4 in Crime No.101/2007 of Fort Police Station, Thiruvananthapuram, for offences punishable under Sections 143, 147, 148, 341 and 324 IPC read with Section 149 IPC and also under Section 27 of the Arms Act, 1959 and Sections 3 and 5 of the Explosives Substances Act, 1908, seek anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. The occurrence took place on 18.2.2007 at about 9.15.p.m., during which the petitioners, who were allegedly involved in NDF activities, armed with deadly weapons like sword, country bombs etc., are said to have attacked the defacto complainant and others due to political enimity.
4. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer and then to have their applications for regular bail ordered by the Magistrate concerned. The petitioners have a contention that they were also attacked and injured and they also had B.A.1925/2007 2 undergone treatment as inpatients and are taking steps to see that a counter case is registered against the defacto complainant and others.
5. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 9.4.2007 and 11.4.2007 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 such applications are filed.
The application is disposed of as above.
V.RAMKUMAR, JUDGE mrcs B.A.1925/2007 3