IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 5561 of 2010() ----------------------------- (CRIME NO.652/2010 OF ALAPPUZHA SOUTH POLICE STATION) CRMP.2337/2010 of DIST & SESSIONS COURT, ALAPPUZHA .................... (S): PETITIONER/ACCUSED NO.4 ------------------------------------------- SIYAD, AGED 34 YEARS, S/O.JABBAR, DEVASWOMCHIRAM, ZECHARIA WARD, ALAPPUZHA. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT(S): --------------- STATE OF KERALA, REP.BY SHO, ALAPPUZHA SOUTH POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Appln.No.5561 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated:01/10/2010 ORDER The petitioner, who is accused No.4 in Crime No.652 of 2010 of Alappuzha South Police Station for an offence punishable under Section 153A & 34 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 14/10/2010 or on 15/10/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. In case there is no incriminating material against the petitioner, the investigating officer shall submit a report to that effect before the Magistrate and release the petitioner from custody permitting him to appear before the Magistrate and apply for regular bail. In case the petitioner applies for regular bail, he shall be released on bail preferably on the same date on which the application is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj