IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928 Bail Appl..No. 1546 of 2007() ----------------------------- CRIME NO. 92 OF 2006 OF HEMAMBIKA NAGAR POLICE POLICE STATION PETITIONER/ACCUSED ----------------------------------- MOHAMMEDALI,S/O.IBRAHIM,KAPPATTU HOUSE, SULTHAPPADY,P.O UPPADA,NILAMBUR TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,H.NAGAR POLICE STATION, PALAKKAD DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 1546 of 2007 ---------------------------------- DATED: 14-03-2007 O R D E R Petitioner who is the accused in Crime No. 92/2006 of the Hemambika Nagar Police Station for offences punishable under Sections 376 and 366 of I.P.C. seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application submitting inter alia that the petitioner is a 27 year old rubber tapper who had ravished a 14 year old 9th standard student. 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 interrogation and potency test and then to have his application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioner shall surrender before the Investigating Officer on any day between 20-03- 2007 and 22-3-2007 for the purpose of custodial interrogation and potency test. Thereafter the petitioner shall be produced, on the same day, before the Magistrate concerned The Magistrate shall consider and dispose of on merits the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE ani