IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 Bail Appl..No. 6145 of 2010() ----------------------------- (CRIME NO.122 OF 2009 OF KALIYAR POLICE STATION, IDUKKI) PETITIONER:ACCUSED NO.2 ------------------------------ ANISH KUMAR, AGED 54 YEARS S/O.KUTTAPPAN NAIR, MULLEKAL HOUSE UDUMBANNOOR PO, IDUKKI DISTRICT. BY ADV. SRI.P.K.VARGHESE SRI.K.S.ARUN KUMAR SMT.M.N.MAYA RESPONDENT:COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6145 of 2010 ------------------------------------------------ Dated this the 7th day of October, 2010 ORDER The petitioner, who is accused No.2 in Crime No.122 of 2009 of Kaliyar Police Station for an offence punishable under Section 379 read with Section 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 21/10/2010 or on 22/10/2010 for the purpose of interrogation and recovery of incriminating material, if any. The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the Bail Appln.No.6145/2010 : 2 : 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. In case there is no incriminating material against the petitioner, the investigating officer shall submit a report to that effect before the Magistrate and release the petitioner on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj