IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 5899 of 2010() ------------------------------------------ (CRIME NO.624/2010 OF BALARAMAPURAM POLICE STATION) ....... PETITIONER/ACCUSED: -------------------------------------- SANTHOSHKUMAR, AGED 26 YEARS, KAVADIVILAKOM LAKSHAM VEEDU, SISILYPURAM, VENGANNOOR PO, VENGANNOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. R1 O R4 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ......................................... B.A. No.5899 of 2010 .......................................... Dated: 01.10.2010 ORDER Petitioner, who is the sole accused in Crime No.624/2010 of Balaramapuram Police Station for offences punishable under Sections 366A and 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 14.10.2010 or on 15.10.2010 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. In case there is no incriminating material against the petitioner, the Investigating Officer shall submit a report to that effect before the Magistrate and release the petitioner from custody permitting him to appear before the Magistrate and applies for regular bail. In case the petitioner applies for regular bail, he shall be released on bail preferably on the same date on which the application is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj