IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Bail Appl..No. 5958 of 2010() ----------------------------- (CRIME NO.458/2009 OF BEKAL POLICE STATION) AGAINST THE JUDGEMENT/ORDER IN BA.2548/2010 .................... : PETITIONER/ACCUSED NO.1 ------------------------------------------- MUNEER, AGED 24 YEARS, S/O.ABDUL KHADER, RESIDING AT THEKKUPURAM, KEEKAN VILLAGE, KASRAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Bail Appln.No.5958 of 2010 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated:01/10/2010 ORDER The petitioner, who is accused No.1 in Crime No.458 of 2009 of Bekal Police Station for offences punishable under Sections 143, 147, 148, 341, 308, 323 & 153(A) read with Section 149 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 14/10/2010 or on 15/10/2010 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 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 from custody permitting him to appear before the Magistrate and apply for regular bail. In case the petitioner applies for regular bail, he shall be released on bail preferably on the same date on which the application is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE skj