Kerala High Court
Bail Appl./7943/2007 of GAFOOR K.M. 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. 7943 of 2007() ----------------------------------------- (C.C.NO.352/2006 OF JFMC NO.3.,THRISSUR) 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. 7943 of 2007()
-----------------------------------------
(C.C.NO.352/2006 OF JFMC NO.3.,THRISSUR)
PETITIONERS/ACCUSED:
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1. GAFOOR K.M.,S/O.MOIDEEN, AGED 30 YEARS
KARADEN HOUSE, VETTINGAPPADAM DESOM,
VARANTHARAPILLY VILLAGE,VELUPPADAM,
THRISSUR DISTRICT.
2. E.P.BINU,S/O.PAILY,AGED 31 YEARS
ELAVATHINGAL HOUSE,VELUPPADAM POUND
MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADV. SRI.A.C.DEVY
SRI.K.D.BABU
RESPONDENT: COMPLAINANT:
--------------------------------------------- SATE OF KERALA
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KRALA 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.7943 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 C.C.No.352/2006 on the file of JFCM-III,Thrissur for the offence punishable under Sections 143, 147 readwith Section 149 IPC and 20 and 27 of Arms Act, seeksanticipatory Bail.
2. The learned Public Prosecutor opposed theapplication.
3. Anticipatory bail cannot be granted in a case involvingsuch grave offence. It is too early to accept the petitionerscontention 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 files 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 in Sukumari v. State of Kerala -(2001 (1) KLT22).
With the above observation, this Application is disposed of.
V.K.MOHANAN, JUDGE