IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1377 of 2009() --------------------------------- CRIME NO. 272/2008 of KODAKARA POLICE STATION PETITIONER/ACCUSED NO.4:- ----------------------------------- BIBIN BABU,AGED 18, S/O.MUHAMMED IBRAHIM, MANAKULANGARAPAMBIL HOUSE, THAZHEKKAD,KALLETTUMKARA,THRISSUR DISTRICT. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS/ COMPLAINANT/STATE:- -------------------------------------------- 1. SUB INSPECTOR OF POLICE,KODAKARA POLICE STATION REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,COCHIN-682 031. 2. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ================= B.A. No. 1377 of 2009 ================== Dated this the 23rd day of March, 2009. ORDER Petitioner who is the 4th accused in Crime No. 272 of 2008 of Kodakara Police Station for offences punishable under Section 399 IPC and Section 27 of the Arms Act, 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 28-3- 2009 and 31-3-2009 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. This petition is disposed of as above. Dated this the 23rd day of March, 2009. V.RAMKUMAR, JUDGE rv