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. 1039 of 2010() ----------------------------------------- (CRIME NO.652/2009 OF THE ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT) ................ PETIITIONER:2ND ACCUSED: --------------------------------------------- RAJESH, S/O.RADHAKRISHNA PILLAI, KALLELIL VEEDU, CHARUKADU CHERRY, PANAYAM, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R2 IMPLEADED: R2. AJITH, AGED 26 YEARS, S/O.MOHANAN, AJESH BHAVAN, LAKSHAM VEEDU, CHARUKADU CHERRY, KOLLAM. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 13/07/2010 IN CRL.M.A.NO.4166/2010) R1 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. ------------------------------------- Bail Application No. 1039 of 2010 ------------------------------------- DATED: 05-08-2010 O R D E R Petitioner who is the 2nd accused in Crime No. 652 of 2009 of Anchalummoodu Police Station for offences punishable under Sections 143, 147, 148, 452, 323, 324 and 308 read with Sec. 149 I.P.C. and Sec. 27 of Arms Act, 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 16-08-2010 or 17-08-2010 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. Dated this the 5th day of August, 2010. Sd/-V.RAMKUMAR, JUDGE /true copy/ P.S. to Judge