IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Bail Appl..No. 4644 of 2010() ---------------------------------------- CRIME NO.1013/2010 OF KOCHI CUSBA POLICE STATION, ERNAKUALM DIST. ............. PETITIONER/2ND ACCUSED ------------------------------------------ SHIBU, AGED 38 YEARS, S/O.ARAVINDAN, MEPPARATHU HOUSE, PALLURUTHY VELI, KOCHI-682 006. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, PALLURUTHY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. =============== Bail Application No. 4644 of 2010 ===================== DATED: 06.08.2010 O R D E R Petitioner, who is the 2nd accused in Crime No.1013/2010 of Kochi Cusba Police Station for offences punishable under Sections 394 and 34 IPC, 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 18.08.2010 or on 19.08.2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE ln