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Kerala High Court

A. Viswambaran @ Vishwan vs The State Of Kerala on 6 March, 2007

Author: V. Ramkumar

Bench: V.Ramkumar

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1105 of 2007()


1. A. VISWAMBARAN @ VISHWAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.JAWAHAR JOSE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :06/03/2007

 O R D E R
                                    V. RAMKUMAR, J.


                       ````````````````````````````````````````````````````

                                 B.A. No. 1105 OF 2007

                       ````````````````````````````````````````````````````

                       Dated this the 6th day of March, 2007


                                           O R D E R

Petitioner, who is the 4th accused in Crime No.41/2007 of Ambalathara Police Station for offences punishable under Sections 498A, 376(2)(g), 448, 506(ii) and 294(b) read with section 34 IPC, seeks anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. It is too early to accept the petitioner's contention that he has been falsely implicated in the case. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer and then to have his application for regular bail considered by the Magistrate concerned. Accordingly the petitioner is directed to surrender before the Investigating Officer on any day between 13.3.2007 and 15.3.2007 for the purpose of interrogation including potency test. He shall, thereafter, be produced on the same day before the Magistrate concerned, who shall consider and dispose of the application, if any, filed by the petitioner for regular bail, preferably on the same date on which it is filed.

This application is disposed of as above.

(V. RAMKUMAR, JUDGE) aks