IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6056 of 2010() ----------------------------------------- CRIME NO.179/2009 OF KASARAGOD POLICE STATION. ................... PETITIONER/2ND ACCUSED ------------------------------------------ KARTHIK. A., S/O.ACHUTHAN, AGED 18 YEARS, THALIPPADAPPU, KASARAGOD DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V. RAMKUMAR, J. ......................................... B.A. No.6056 of 2010 .......................................... Dated: 05.10.2010 ORDER Petitioner, who is the 2nd accused in Crime No.179/2009 of Kasaragode Police Station for offences punishable under Sections 153(A),307,323 and 427 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 19.10.2010 or on 20.10.2010 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 on bail. This petition is disposed of as above. V.RAMKUMAR, JUDGE sj