Kerala High Court

Bail Appl./7573/2009 of PAVI SANKER Vs STATE OF KERALA on 30 December 2009

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Bail Appl..No. 7573 of 2009() ----------------------------- (CRIME NO.1108/09 OF KUNDARA POLICE STATION) .................... PETITIONER/ACCUSED NO.7

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE P.BHAVADASAN

WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931

Bail Appl..No. 7573 of 2009()

-----------------------------

(CRIME NO.1108/09 OF KUNDARA POLICE STATION)

....................

PETITIONER/ACCUSED NO.7

------------------------------------------- PAVI SANKER, AGED 20 YEARS, S/O.

VIKRAMAN PILLAI, PUTHUMANA THEKKATHIL,

CHAVARA, KOLLAM.

BY ADV. SRI.DILEEP P.PILLAI

SRI.MIDHUN.A.V

RESPONDENT: COMPLAINANT

--------------------------

STATE OF KERALA, REPRESENTED BY

PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

PUBLIC PROSECUTOR MR.P.A.SALIM

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD

ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7573 of 2009

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009.

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ORDER

This is a petition filed under Section 438 ofCriminal Procedure Code seeking anticipatory bail.

2. Petitioner is the seventh accused in Crime No.1108 of 2009 of Kundara Police Station for havingcommitted offences punishable under Sections 143, 144, 147,148, 323, 324, 452, 326 and 308 read with Section 149 IndianPenal Code.

3. It is unnecessary to go into the facts in detailbecause an application filed by the petitioner has beendismissed earlier. No convincing materials are shown as ofnow to warrant a conclusion that there is a change ofcircumstance. However, considering the acts alleged against the petitioner, it is felt that he may be given an opportunity tosurrender before the court below.

The application is disposed of as follows:

B.A. 7573/2009.

i) Petitioner shall surrender before the JFCM concernedon or before 6.1.2010 and move an application forregular bail, which the learned Magistrate may dispose ofin accordance with law on the same day itself as far aspossible after hearing the learned Public Prosecutor.

P. BHAVADASAN, JUDGE

sb.

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