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. 6140 of 2010() ---------------------------------- (CRIME NO.1774/2010 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT) ........ PETITIONER(S)/2ND ACCUSED ------------------------------------ AJAY, S/O.RAMACHANDRA KURUP, AGED 35 YEARS, KOCHUMADATHIL, ADINADU VADAKKUM MURI, ADINADU NORTH K.S.PURAM, KARUNAGAPPALLY. BY ADVS. SRI. K.SIJU KAMALASANAN SRI. MUHAMMED RAFI SMT. BINDU GEORGE RESPONDENT(S): -------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ B.A. No. 6140 OF 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated: 7th day of October, 2010 ORDER The petitioner, who is the 2nd accused in Crime No.1774/2010 of Karunagappally Police Station for offences punishable under Sections 324, 308 and 326 read with 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 petitioner has been interrogated by the police shall consider and dispose of his application for regular bail B.A. No. 6140 OF 2010 2 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 dmb