IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 7591 of 2009 ----------------------------- CRIME NO.1674/2009 OF THRIKKAKKARA POLICE STATION PETITIONER/ACCUSED: --------------------------- JYOTHISH CHANDRAN, AGED 23 YEARS, NIRMALYAM, H.NO.V/236, B.M.C., KARIMAKUDU ROAD, KOCHI - 21. BY ADV. MR.K.M.VARGHESE MR.ABRAHAM VAKKANAL, SENIOR ADVOCATE RESPONDENTS/COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION. 3. CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION. PUBLIC PROSECUTOR MR.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO.7591 of 2009 .......................................... Dated: 31.03.2010 ORDER Petitioner who is the accused in Crime No.1647 of 2009 of Thrikkakkara Police Station for offences punishable under Section 376 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 16.04.2010 or 17.04.2010 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. Since the petitioner is supposed to appear for B.Sc Bio Technology examination on 12th and 13th April, 2010, learned Public Prosecutor undertakes that the petitioner shall not be arrested till 16.04.2010 This petition is disposed of as above. Dated this the 31st day of March, 2009. V.RAMKUMAR, JUDGE bkn/-