IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Bail Appl..No. 817 of 2009() ---------------------------- CRIME NO. 635 OF 2008 OF ARANMULA POLICE STATION PETITIONER/IST ACCUSED -------------------- SMITH.J.S. 26 YEARS, S/O.JAYADEVAN NANDANAM ALAMCODE PO., AND V.O.ATTINGAL THIRUVANANTHAPURAM. BY ADV. SRI.ABRAHAM SAMSON RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURTOF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... B.A. NO. 817 of 2009 .......................................... Dated: 24-03-2009 ORDER Petitioner who is the first accused in Crime No. 635 of 2008 of Aranmula Police Station for offences punishable under Sections 498 and 306 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- 3-2009 and 31-3-2009 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. Dated this the 24th day of March 2009. V.RAMKUMAR, JUDGE ani.