IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2522 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1876/2009 CRIME NO.530/06 OF KASARGODE POLICE STATION PETITIONER: -------------------- K.SHAFI, S/O. B.K.MAMMUJU, AGED 37 YEARS, B.K. HOUSE, BLAMTHODU, PANATHADI VILLAGE, KANJANGAD. BY ADV. SRI.ESM.KABEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOTR OF POLICE, KASARGODE POLICE STATION. PUBLIC PROSECUTOR MR.NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2522 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R This is a petition for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. 2. Petitioner is the first accused in Crime No.530/06 of Kasargode Police Station alleging commission of offences under Sections 324, 377, 506(1) read with 34 of the Indian Penal Code. The case against the petitioner and other seven accused is that they have engaged in unnatural intercourse with the inmates of an observation home and also harassed the de facto complainant. The petitioner contends that he is working as a madrassa teacher and it is only to tarnish his image and reputation and to spoil his life that he is implicated in this case. 3. In a case of this nature, anticipatory bail cannot be granted. However, I am inclined to permit the petitioner to surrender before the investigating officer to have his application for regular bail considered by the competent Magistrate. Accordingly, the petitioner shall surrender before BA.2522/09 2 the investigating officer on any day between 18.5.2009 and 20.5.2009 and if interrogation is required, the petitioner shall be produced before the Magistrate Court concerned on the same day itself by the investigating officer and if an application for regular bail is moved, the same shall be considered by the Magistrate in accordance with law, preferably on the same day itself on which it is moved. Petition is disposed of accordingly. C.T.RAVIKUMAR, JUDGE vgs.