IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST JUNE 2007 / 11TH JYAISHTA 1929 Bail Appl..No. 3157 of 2007() ----------------------------- CRIME NO.43/07 OF KODENCHERY POLICE STATION .................... : PETITIONER/PETITIONER -------------------------------------- SHIJO T.K.S/O LATE KURIAN, AGED ABOUT 23 YEARS, THAYYIL HOUSE, KANNOTH, KODENCHERY, KOZHIKODE. BY ADV. SRI.JIJI THOMAS SMT.SMITHA MATHEW RESPONDENTS: RESPONDENT ----------------------- STATE REP.BY SHO KODENCHERY. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 3157 OF 2007 ```````````````````````````````````````````````````` Dated this the 1st day of June, 2007 O R D E R Petitioner, who is the accused in Crime No.43/07 of Kodenchery Police Station for offences punishable under Secs.511 and 376 I.P.C., seeks anticipatory bail. The occurrence took place on 24.12.06. 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 potency test and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on any day between 11-06- 2007 and 13-06-2007 for the purpose of interrogation and potency test. The petitioner shall, thereafter, be produced on the same day before the Magistrate, who shall release the petitioner on bail on appropriate conditions. This petition is disposed of as above. (V. RAMKUMAR, JUDGE) aks