Kerala High Court
Bail Appl./7897/2007 of MOOSA HAJI Vs STATE OF KERALA on 24 December 2007
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929 Bail Appl..No. 7897 of 2007() ----------------------------------------- (CRIME NO.402/2007 OF THE MANJESHWER POLICE STATION) PETITIONERS/ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
MONDAY, THE 24TH DECEMBER 2007 / 3RD POUSHA 1929
Bail Appl..No. 7897 of 2007()
----------------------------------------- (CRIME NO.402/2007 OF THE MANJESHWER POLICE STATION)
PETITIONERS/ACCUSED:
-----------------------------------------
1. MOOSA HAJI, S/O IBRAHIM,
SHEFA MEDICALS, HOSANKADI,
B.MANJESHWAR, KASARAGOD.
2. KALEEL, S/O MOOSA HAJI,
SHEFA MEDICALS, HOSANKADI, B.MANJESHWER, KASARAGOD.
3. ASHIF, S/O MOOSA HAJI,
FATHIMA MANZIL, B.MANJESHWER,
KASARAGOD.
BY ADV. SRI.T.B.SHAJIMON
RESPONDENT: COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REP. BY OF
THE SUB INSPECTOR OF POLICE, MANJESHWAR
POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
V.K.MOHANAN, J.
------------------------------------------- Bail Application No. 7897 of 2007
------------------------------------------- Dated this the 24[th] day of December, 2007
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O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitionerswho are the accused in Crime No. 402 of 2007 of theManjeshwar Police Station for offences punishable underSections 323,324,452,326 read with 34 I.P.C. seek anticipatoryBail.
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 petitioners'contention that the petitioners have been falsely implicated.There is no reason why the petitioners should not surrenderbefore the magistrate concerned and seek regular bail.Accordingly, if the petitioners surrender before the Magistrateconcerned within two weeks from today and file an applicationfor regular bail, the same shall be considered and disposed ofpreferably on the same day on which it is filed bearing in mindthe decision inSukumariv. State of Kerala(2001(1) KLT 22).
B.A.NO. 7897 OF 2007
:-2-:
With the above observation, this Application is disposed of .
V.K.MOHANAN, JUDGE
Mbs/