LAWS(KER)-2007-2-120

SHAIJU Vs. CIRCLE INSPECTOR OF POLICE

Decided On February 14, 2007
RAJESH Appellant
V/S
CIRCLE INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) Petitioners who are accused Nos.4, 1, 2 and 3 respectively in Crime No.17/07 of Njarakkal Police Station for offences punishable under sections 143, 147, 148, 341, 324 and 307 read with section 149 IPC, seek anticipatory bail.

(2.) Learned Public Prosecutor opposed the application. The occurrence took place at about 10.15 PM on 14.1.2007 involving 12 assailants armed with deadly weapons like sword, stick, etc. The occurrence took place in a Church compound resulting in injuries to four persons and damage to property worth Rs.1,700/=.

(3.) Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioners to surrender before the Investigating Officer for interrogation and recovery of incriminating materials, if any and then to have their application for bail ordered by the Magistrate. Accordingly, the petitioners are directed to surrender before the Investigating Officer on any day between 19.2.2007 and 21.2.2007 for the purpose of interrogation and recovery of incriminating materials, if any,. The petitioners shall thereafter be produced before the concerned Magistrate on the same day. The Magistrate shall consider and dispose of the application, if any, filed by the petitioners for regular bail, preferably on the same date on which it is filed. This application is disposed of as above.