IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 4403 of 2009() ----------------------------- CRIME NO.261/2009 OF KALPAKANCHERI POLICE STATION, MALAPPURAM PETITIONER -------------------- SHAHUL HAMEED, S/O.MOOSA, KALAPPATTIL HOUSE, ANANTHAVOOR P.O., THIRUNAVAYA, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KALPAKANCHERI POLICE STATION, MALAPPURAM DISTRICT, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =============================== Bail Application No.4403 of 2009 =============================== DATED: 25.03.2010 O R D E R Petitioner who is the 1st accused in Crime No.261 of Kalpakancheri Police Station for offences punishable under Secs.48,324 and 308 r/w 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 06.04.10 or on 07.04.10 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 sj