Kerala High Court

Bail Appl./7981/2007 of P.AJIKUMAR Vs STATE OF KERALA on 28 December 2007

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929 Bail Appl..No. 7981 of 2007() ----------------------------- CRMP.5164/2007 of DISTRICT COURT, THODUPUZHA CR.NO.363/2007 OF NEDUMKANDOM POLICE STATION

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929

Bail Appl..No. 7981 of 2007()

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

CRMP.5164/2007 of DISTRICT COURT, THODUPUZHA

CR.NO.363/2007 OF NEDUMKANDOM POLICE STATION

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

PETITIONER/ACCUSED

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

P.AJIKUMAR, S/O. PEETHAMBARAN,

JAYALAKSHMI VILASAM, BALAGRAM P.O.

BY ADV. SRI.P.CHANDY JOSEPH

RESPONDENTS/COMPLAINANTS

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

1. STATE OF KERALA, REPRESENTED BY

THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE,

NEDUMKANDOM.

BY PUBLIC PROSECUTOR, K.S. SIVAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 28/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V.K.MOHANAN, J.

--------------------------------------------------- Bail Application No. 7981 of 2007

----------------------------------------------------- Dated this the 28[th] day of December, 2007

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O R D E R

In this application filed under Sec. 438 Cr.P.C. the petitioner,who is the accused in Crime No.363 of 2007 of NedumkandamPolice Station for an offence punishable under sections 308, 323read with section 34 IPC, seeks anticipatory Bail.

2. The learned Public Prosecutor opposed theapplication.

3. Anticipatory bail cannot be granted in a case involvingsuch grave offences. It is too early to accept the petitioner'scontention that the petitioner has been falsely implicated. Thereis no reason why the petitioner should not surrender before theMagistrate concerned and seek regular bail. Accordingly, theapplication is disposed of by directing that If the petitionersurrenders before the Magistrate concerned within two weeksfrom today and files an application for regular bail, the same shallbe considered and disposed of by the learned Magistrate,preferably on the same day on which it is filed, bearing in mindthe decision in Sukumari v. State of Kerala - 2001 (1) KLT22.

V.K.MOHANAN, JUDGE.

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