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2013 DIGILAW 955 (KER)

Ruby Joseph v. State of Kerala Through The Public Prosecutor High Court of Kerala

2013-11-06

THOMAS P.JOSEPH

body2013
Judgment : 1. Petitioner is the first accused, in Crime No.765 of 2012 of the Thumba Police Station for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324 and 308 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed this application for pre-arrest bail. 2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner. 3. Learned Public Prosecutor has submitted that the petitioner was abroad. 4. It is seen from Annexure-A5, order that the petitioner had made a request for pre-arrest bail in B.A.No.5857 of 2013. The said application was disposed of on 05-09-2013 specifically finding that on the facts and circumstances involved, there is reason to suspect complicity of the petitioner in the offences alleged and hence he is not entitled to get pre-arrest bail. However, considering the request made by the learned counsel for the petitioner, petitioner was granted time to surrender before the investigating officer. 5. In the light of the above, a fresh application for pre- arrest bail cannot be entertained. 6. There is however, another statement made by the petitioner in the application that he could not appear before the investigating officer in compliance of the direction in Annexure-A5 order. 7. Having heard the learned Public Prosecutor and the learned counsel for the petitioner, I am inclined to grant time for the purpose. Resultantly, this application is disposed of as under: a) The petitioner shall surrender before the officer investigating Crime No.765 of 2012 of the Thumba Police Station on 18-11-2013 at 10 a.m for interrogation. b) Other directions in the order dated 05-09-2013 in B.A.No.5857 of 2013 would remain in force.