SANTHOSH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the first accused in Crime No. 217/09 of chathannur Police Station, alleging commission of offence under section 308 read with Section 34 of the Indian Penal Code. The allegation is that on 12. 4. 2009 at about 8. 45pm the petitioner approached the shop conducted by the defacto complainant for purchasing a cigarette and thereafter a conflict had occurred there between the two and the petitioner had inflicted the alleged injuries on the defacto complainant. It is the petitioner who approached the shop belonging to the defacto complainant and it was he who inflicted the injuries on him, according to the allegations.

(2.) CONSIDERING the nature of the allegations levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. At the same time, I think the petitioner can be permitted to surrender before the Investigating Officer to have his application for regular bail considered by the competent magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 18. 5. 2009 and 21. 5. 2009 and in the event of such surrender, he shall be produced before the Magistrate having jurisdiction, by the investigating Officer after interrogation, on the same day itself, if required. In case an application for regular bail is moved by the petitioner, it shall be considered by the Magistrate in accordance with law, preferably on the same date on which it is moved.