IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Bail Appl..No. 7976 of 2008() ----------------------------- CRIME NO.810/2008 OF THRISSUR EAST POLICE STATION PETITIONER/ APPLICANT/ACCUSED NO.2. ------------------------------------------- GIRISH P.K. S/O. KUTTAN, PANIKKASSERY HOUSE, BEHIND PUTHUR PANCHAYATH, PUTHUR VILLAGE. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,' ERNAKULAM REPRESENTING THE C.I. OF POLICE, THRISSUR EAST POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.7976 of 2008 =============================== DATED: 26.02.2009 O R D E R Petitioner, who is the 2nd accused in Crime No.810 of 2008 of Thrissur East Police Station for the offence punishable under Section 394 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 any day between 05.03.09 and 07.03.09 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate who shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. The learned Magistrate shall, as and when moved for bail, consider the decisions in Vijayakumar v. B.A.No.7976/08 -:2:- Kamarudhin (1999(1)KLT 184), Charanjit Singh Chadha and others v. Sudhir Mehra (AIR 2001 SC 3721), Orix Auto Finance (India) Ltd. vs. Jagmander Singh (2006(2)SCC 598) and I.C.I.C.I Bank Ltd. v.Prakash Kaur and others (2007(2) SCC 711), if cited before him at the time of arguments. This petition is disposed of as above. Dated this the 26th day of February, 2009 V.RAMKUMAR, JUDGE sj