IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Bail Appl..No. 4840 of 2010(D) ----------------------------------- (CRIME NO.290/2008 OF VANDANMEDU POLICE STATION) ......... PETITIONER(S): ------------------- PRABHIN AUGUSTY, AGED 26, S/O.AUGUSTHY MELATTU HOUSE, KATTAPPANA P.O, KATTAPPANA VILLAGE UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. THE CIRCLE INSPECTOR OF POLICE KATTAPPANA, IDUKKI- 685 508. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A.No. 4840 OF 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 6th day of October, 2010 ORDER In this petition filed under Section 438 Cr.P.C, the petitioner seeks anticipatory bail on the allegation that the Vandanmedu police are at his heels in connection with Crime No.290/2008 registered for an offence punishable under Section 395 IPC. According to the petitioner, he is Prabhin Augusty, aged 26 years, S/o.Augusty, Melattu House, Kattappana.P.O, whereas the 2nd accused in the above crime is one Praveen, aged 25 years, S/o.Augusty Kurian @ Jose, Injiyaniyil Housse, Kattappana. 2. Since the petitioner had raised a controversy regarding the identity of the 2nd accused in the case, this Court directed him to report before the Investigating Officer on 27.9.2010 and directed the Investigating Officer to send his inputs to the Public Prosecutor after ascertaining the identity of the 2nd accused in the case. 3. The learned Public Prosecutor submitted that the petitioner appeared before the Investigating Officer and he was identified by the de facto complainant as the 2nd accused in the case. The learned Public Prosecutor also submitted that the B.A.No. 4840 OF 2010 2 petitioner is the person who is arrayed as the 2nd accused in the case. 4. 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 19/10/2010 or on 20/10/2010 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 dmb