IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Bail Appl..No. 4068 of 2010() ---------------------------------------- CRIME NO.911/2009 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM ......... PETITIONER (S): ACCUSED ---------------------------------------- NISHANT, 29 YEARS, S/O.P.V.PONNAPPAN, PATHIYARAM,VEMBANAD PO, ALAPPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOTTAYAM WEST POLICE STATION,KOTTAYAM PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ================= Bail Application No.4068 of 2010 ===================== DATED: 5th day of August, 2010 O R D E R Petitioner, who is the sole accused in Crime No.911/2009 of Kottayam West Police Station for an offence punishable under Sec. 376 IPC, 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 16.8.10 or on 17.8.10 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter appear 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