Kerala High Court
Bail Appl./7514/2006 of SANTOSH Vs STATE OF KERALA on 29 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928 Bail Appl..No. 7514 of 2006() ----------------------------- Crime No.1212/06 of Kottarakkara Police Station : PETITIONERS/ACCUSED
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928
Bail Appl..No. 7514 of 2006()
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Crime No.1212/06 of Kottarakkara Police Station : PETITIONERS/ACCUSED
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1. SANTHOSH,
SATEESH BHAVAN, KARIKKAM P.O., KOTTARAKKARA.
2. JOBY,
PLAVILA VADAKKETHIL, VETTIKAVALA P.O.,
KOTTARAKKARA.
BY ADV. SRI.DILIP MOHAN
RESPONDENTS: STATE
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1. STATE OF KERALA, REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION.
BY PUBLIC PROSECUTOR SHRI. JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE
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FOLLOWING:
M.N.Krishnan, J.
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B.A.No.7514 of 2006========================
Dated this the 29[th] day of December, 2006.
ORDER
This is an application for bail involving under Section 332,3419b) and 294(b) read with Section 34 I.P.C. The allegation is that aK.S.R.T.C. bus was obstructed and the driver was caught hold of andman-handled by the petitioner and others. The provision underSection 438 of Cr.P.C. is a benevolent provision intended to safeguardthe innocent not to circumvent the law and procedure. Consideringthe nature of the offences, I am not inclined to grant bail underSection 438. But if the petitioners surrender before the MagistrateCourt, the learned Magistrate is directed to consider the application tobe filed by the petitioner as far as possible on the same date on whichit is filed and pass orders untrammelled by the observations made inthis order.
This application is dismissed.
ess 29/12
M.N. Krishnan,Judge.
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