IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 15TH MARCH 2007 / 24TH PHALGUNA 1928 Bail Appl..No. 1370 of 2007() ----------------------------- AGAINST THE ORDER DATED 20/02/2007 IN ORDER IN CRMP.551/2007 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.28/2007 OF CHADAYAMANGALAM POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- SIBILY.A., AGED 28 YEARS, RESIDING AT K.P.HOUSE, PALLIMUKKU, KURIODU, CHADAYAMANGALAM. BY ADV. SRI.SIJUKAMALASANAN SRI.A.MUHAMMED RAFFI RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY S.I. OF POLICE, CHACAYAMANGALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 1370/2007 ----------------------------- Dated this 15th day of March, 2007 O R D E R The petitioner who is the accused in Crime No.28/2007 of Chadayamangalam Police Station for offences punishable under Sections 323, 324, 294(b), 448 and 308 IPC seeks anticipatory bail. 2. The learned Public Prosecutor opposed the application. 3. The occurrence took place at 8.30 p.m on 27.1.2007 during which the petitioner is alleged to have inflicted a cut injury on the defacto complainant with a sword. 4. 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 and then to have his application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 21.3.2007 and 23.3.2007 for the purpose of interrogation. Thereafter the petitioner shall be produced on the same day before the Magistrate having jurisdiction, who shall consider and B.A.1370/2007 2 dispose of the application, if any, filed by the petitioner for regular bail preferably on the same day on which it is filed. The application is disposed of as above. V.RAMKUMAR, JUDGE mrcs