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. 6093 of 2010() --------------------------- CRIME NO. 103/2010 OF DEVIKULAM POLICE STATION, IDUKKI .............................. PETITIONER / IST ACCUSED : ------------------------------------------ JAYAPRAKASH, AGED 50, S/O.KOCHAPPI, PANANVILA PUTHEN VEEDU, PENGAPPARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, DEVIKULAM POLICE STATION, IDUKKI DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6093 of 2010 ------------------------------------------------ Dated this the 5th day of October, 2010 ORDER The petitioner, who is accused No.1 in Crime No.103 of 2010 of Devikulam Police Station for an offence punishable under Section 406 & 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 Bail Appln.No.6093/2010 : 2 : 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 skj