BABY JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the first accused in Crime No.2/07 of Melukavu Police Station for offences punishable under sections 308, 323, 324 and 506(ii) and 427 read with section 34 IPC, seeks anticipatory bail. His application for anticipatory bail filed as Crl.M.P.No.51/07 before the Sessions Court, Kottayam was dismissed.

(2.) Learned Public Prosecutor opposed the application.

(3.) The occurrence took place in the night of 31.12.2006 during which five persons are alleged to have been injured. The weapon used by the petitioner was a knife which has not been recovered also. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the Magistrate concerned and files an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. This application is disposed of as above.