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. 3121 of 2010(H) ------------------------------------------ (CRIME NO.404/2009 OF THE THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT) ............ PETITIONER/ACCUSED: ---------------------------------- HUSSAIN SSAQAFI.K.C, AGED 40 YEARS, KOVAPPANCHALIL HOUSE, P.O.KIZHAKOTH, KODUVALLY VIA., KOZHIKODE. BY ADV. SRI.SUNNY MATHEW. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. ......................................... B.A. NO. 3121 of 2010 .......................................... Dated: 5th August, 2010 ORDER Petitioner who is the accused in Crime No. 404 of 2009 of Thamarassery Police Station for an offence punishable under Sec. 377 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 16-08-2010 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. The Magistrate may also take into account the settlement, if any, arrived at between the de facto complainant and the petitioner. This petition is disposed of as above. Dated this the 5th day of August, 2010. V.RAMKUMAR, JUDGE ani