IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6181 of 2010() ----------------------------------------- CRIME NO.597/2010 OF KUNNATHUNADU POLICE STATION, ERNAKULAM DIST. .................. PETITIONER/3RD ACCUSED ------------------------------------------ P.N. HARIHARAN, S/O. NARAYANAN, AGED 47 YEARS, PUTHUSSERIL HOUSE, NORTH MAZHUVANNOOR KARA, MAZHUVANNOOR.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.M.S.MANIKANDAN RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. No.6181 of 2010 .......................................... Dated: 08.10.2010 ORDER Petitioner, who is the 3rd accused in Crime No.597/2010 of Kunnathunadu Police Station for offences punishable under Section 379 read with 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 21.10.2010 or on 22.10.2010 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 on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj