BAIL APPL No. 596 of 2007 · Kerala High Court
Case at a glance
Outcome
Disposed of
This application is disposed of as above
Provisions considered
- Arms Act, 1959 s. 27
Key paragraphs
- Para 44. Anticipatory bail cannot be granted in a case of thisnature. But at the same time I am inclined to permit accused 1to 9 to surrender before the Investigating Officer for interrogationand then to have their application for bail considered by the Magistrate. Accordingly, petitioners…
Judgment
BA.596/072 RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
STATION HOUSE OFFICER, NEYYATTINKARA POLICE STATION, TRIVANDRUM DISTRICT. BY PUBLIC PROSECUTOR SHRI P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J.- - - - - - - - - - - - - - - - -BAIL APPLICATION NO. 596 OF 2007 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 2nd DAY OF FEBRUARY, 2007
O R D E R Petitioners who are accused Nos.1 to 9 in Crime No.46/07of Neyyattinkara Police Station for offences punishable undersections 143, 147, 148, 324 and 328 read with section 149 IPCand section 27 of the Arms Act, 1959, seek anticipatory bail2.The occurrence took place on 21.1.2007 at 6 PM infront of a shop in which the de facto complainant was assaultedwith sword, iron rod, etc. First accused was wielding the sword.
Learned Public Prosecutor opposed the application.
Operative part
Anticipatory bail cannot be granted in a case of thisnature. But at the same time I am inclined to permit accused 1to 9 to surrender before the Investigating Officer for interrogationand then to have their application for bail considered by the Magistrate. Accordingly, petitioners who are accused 1 to 9 aredirected to surrender before the Investigating Officer on any daybetween 7.2.2007 and 9.2.2007 for the purpose of interrogation. Thereafter, the petitioners shall be produced before the Magistrate having jurisdiction on the same day. The Magistrate BA.596/07Page numbersshall consider and dispose of the application, if any, filed by thefirst accused for bail preferably on the same date on which it isfiled. In the case of accused 2 to 9, the Magistrate shall releasethem on bail on appropriate conditions on being satisfied thatthey have been interrogated by the Investigating Officer. This application is disposed of as above.V.RAMKUMAR, JUDGEdsn
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application is disposed of as above
Which statutory provisions did this judgment involve?
Arms Act, 1959 — s. 27.
Which court decided this case, and when?
Kerala High Court, on 02 Feb 2007. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.