IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Bail Appl..No. 4108 of 2010() ----------------------------- CRIME NO.105/2004 OF POTHANIKKADU POLICE STATION : PETITIONER/3RD ACCUSED ------------------------------------------ TIJU KURIAKOSE, S/O.KURIAKOSE, AGED 38 YEARS, NDUTHOTTATHIL HOUSE, SINGHKANDAM P.O., SOORIANELLI, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA TO BE REPRESENTED BY THE SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No.4108 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 3rd day of September, 2010 ORDER Petitioner, who is the 3rd accused in Crime No.105/2004 of Pothanikkadu Police Station for offences punishable under Sections 427 and 506(ii) read with 34 I.P.C. and Section 3(2)(e) of Prevention of Damage to Public Property Act, 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 15.9.2010 or 16.9.2010 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 dmb