IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 Bail Appl..No. 3535 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2520/2010 .................... (CRIME NO.168/2006 OF ADHUR POLICE STATION, KASARAGOD) PETITIONER:ACCUSED NO.2: --------------------------------------------- JOY MATHEW, S/O.MATHEW, AGED 66 YEARS, RESIDING AT MUTHUMAKKUZHYIL HOUSE, RIVER VIEW ESTATE, PANNAKDUKKAM,MULIYAR VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.THOMAS JOSEPH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS THROUGH THE SUB INSPECTOR OF POLICE,ADHUR POLICE STATION IN CRIME NO.168/2006 BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. =============================== Bail Application No.3535 of 2010 =============================== DATED: 06.08.2010 O R D E R Petitioner who is the 1st accused in Crime No.168/2006 of Adhur Police Station for an offence punishable under Secs.379 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 18.08.10 or on 19.08.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear 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. V.RAMKUMAR, JUDGE sj