IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Bail Appl..No. 2632 of 2008() --------------------------------- CR NO. 133/2008 of MATTANCHERRY POLICE STATION .................... PETITIONERS: 5TH ACCUSED: ----------------------------- ANAS, AGED 35 YEARS, S/O.IBRAHIM, 23/843, CHELLAYI HOUSE, VATTAMANA PARAMBU, PALLURUTHY, KOCHI-682 006. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENTS: COMPLAINANT: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, MATTANCHERRY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ----------------------------------- Bail Application No. 2632 of 2008 ---------------------------------- Dated this the 23rd day of May, 2008. O R D E R Petitioner who is the 5th accused in CR No. 133 of 2008 of Mattancherry Police Station for offences punishable under Sections 143, 147, 148, 395, 323, 324 and 308 r/w Section 149 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 any day between 28.05.2008 and 30.05.2008 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced on the same day before the Magistrate who 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. rv