IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 Bail Appl..No. 877 of 2009() ---------------------------- CRIME NO. 490/2008 OF ANTHIKKADU POLICE STATION PETITIONER (S): ACCUSED:- -------------------- A.K.KUTTAN, AGED 47, S/O.KRISHNAN, APPATH HOUSE, CHIYYARAM DESOM, THRISSUR DISTRICT. BY ADV. SRI.C.P.UDAYABHANU SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN SRI.R.HARIKRISHNAN (VADAKEYIL) RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE C.I.OF POLICE (CRIME 490/08), ANTHIKKADU POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. 877 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of February, 2009 O R D E R Petitioner who is the 1st accused in Crime No. 490/2008 of Anthikkadu Police Station for offences punishable under sections 120B, 326, 307 read with section 34 IPC and 27 read with section 20 of the 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 any day between 5-3-2009 and 6-3-2009 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. In case the learned Magistrate grants bail to the petitioner, it BA 877/2009 -2- shall be subject to the petitioner being made available for interrogation using scientific methods. This petition is disposed of as above. V.RAMKUMAR, JUDGE. mn.