SUJITH M S Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail. The first accused in Crime No. 147 of 2009 of Ollur Police Station registered for offences punishable under Sections 143, 147, 148, 323, 324, 452, 427 and 308 read with Section 149 of the indian Penal Code and Section 20 read with Section 27 of the arms Act is the petitioner herein.

(2.) ACCORDING to the petitioner, the charge against him under Section 308 of the Indian Penal Code is absolutely unsustainable. It is further submitted that in the case of accused Nos. 2, 3, 5, 6, 11 and 12, they had surrendered before the court below and after consideration of their application for regular bail, all of them were enlarged on bail. Of course, there is no reason why the petitioner shall not be permitted to adopt such a course of action.

(3.) THEREFORE, the petitioner is directed to surrender before the investigating officer on any day between 18. 5. 2009 and 21. 5. 2009. In the event of his such surrender, on the same day itself, he shall be produced before the concerned magistrate Court by the investigating officer and if a regular application is moved before the competent court, the same shall be considered by that court in accordance with law preferably on the same day on which it is moved. In this context, counsel for the petitioner submitted that in the case of others the sessions Court after considering their case has already enlarged them on bail. I have no doubt that in case a copy of the said order is produced before the court, the same shall be taken into consideration by the court while considering the application for bail moved by the petitioner. This application is disposed of as above.