IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Bail Appl..No. 5178 of 2010(B) ------------------------------------------ (CRIME NO.361/10 OF THE MUKKOM POLICE STATION, KOZHIKODE DISTRICT) .............. PETITIONER/ACCUSED: ---------------------------------- ASHKAR, S/O MUHAMMED, AGED 22 YEARS, POOLAKKACHALIL, KARASERRY JUNCTION, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ......................................... B.A. No.5178 of 2010 .......................................... Dated: 7.09.2010 ORDER Petitioner who is the sole accused in Crime No. 361/2010 of Mukkom Police Station for an offence punishable under Section 376 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 17.09.2010 or on 18.09.2010 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. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj