IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 Bail Appl..No. 7442 of 2010() ------------------------------------- PETITIONER (S) -------------------------- SANTHA, W/O.KANNAN, AGED 50 YEARS,ELOTHUMKUZHI, KALICHANPOTHI, MADIKAI VILLAGE, KASARAGOD DIST BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT(S): ------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ......................................... B.A. No. 7442 of 2010 .......................................... Dated this the 29th day of November, 2010. ORDER Petitioner who is the accused in Crime No.1140 of 2010 of Hosdurg Police Station for an offence punishable under Section 498 (A) r/w Section 34 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 09.12.2010 or on 10.12.2010 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. Dated this the 29th day of November, 2010. V.RAMKUMAR, JUDGE. rv