IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Bail Appl..No. 5998 of 2010() ------------------------ Crime No. 5/2010 of Sreekariyam Police Station. PETITIONER ---------- RADHAKRISHNAN S/O ARJUNAN, RAJ NIVAS, TC 2/1296(2), MEKKE PATTOM, PATTOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 5998 of 2010 .......................................... Dated: 20-10-2010 ORDER Petitioner who is the 2nd accused in Crime No. 5 of 2010 of Sreekariyam Police Station for offences punishable under Sections 381 and 461 I.P.C., seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioner who is known as Asokan and revealed his name as Radhakrishnan and he has been identified by the de facto complainant before the Investigating Officer pursuant to the direction of this Court to the petitioner to surrender before the Investigating Officer and that the subject matter of the offence is gold. 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 2-11-2010 or 3-11-2010 for the purpose of interrogation and B.A. No. 5998 of 2010 -:2:- 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. This petition is disposed of as above. 20-10-2010 V. Ramkumar, Judge ani