IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2364 of 2009()
1. JALEEL, AGED 47 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.BABU KARUKAPADATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :28/05/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No. 2364 of 2009
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Dated this the 28th May, 2009
O R D E R
The petitioner had filed B.A.No.1699 of 2009, which was
disposed of on 3.4.2009. The said order reads as follows:
“Petitioner who is the accused in Crime
No.190 of 2009 of Kasaragod Police Station for
offences punishable under Sections 260 and 420
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
13.04.2009 for the purpose of interrogation and
recovery of incriminating material, if any. The
petitioner shall thereafter be produced on the
BA.2364/09 2
same day before the Magistrate who shall
consider and dispose of his application for
regular bail preferably on the same date on
which it is filed.”
Admittedly the petitioner has not surrendered before the
investigating officer. I find that no grounds are made out to
invoke Section 438 of the Code of Criminal Procedure. The bail
application is dismissed.
K.T.SANKARAN, JUDGE
vgs.