IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 546 of 2007()
1. ANILKUMAR,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :01/02/2007
O R D E R
V. RAMKUMAR, J.
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Bail Application No.546/2007
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DATED: FEBRUARY 1, 2007
O R D E R
Petitioner who is the sole accused in Crime No.38/2006 of Kottiyam Police
Station for an offence punishable under Sec.436 I.P.C., seeks anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. The case of the prosecution is that the petitioner had set fire to the
tea-shop belonging to the de facto complainant after the midnight on 16.1.2006
causing a loss of Rs.36000/-. The motive for the occurrence is the business
rivalry since the petitioner’s father is said to be conducting another tea-shop in
the vicinity of the structure which was set on fire.
4. Anticipatory bail cannot be granted in a case of this nature. However,
considering the fact that the petitioner is working as a driver in the KSRTC, I am
inclined to permit him to surrender before the Investigating Officer for
interrogation and then to have his application for regular bail ordered by the
Magistrate concerned. Accordingly, the petitioner shall surrender before the
Investigating Officer on any day between 5.2.2007 and 7.2.2007 for the purpose
of interrogation and recovery of incriminating materials, if any. Thereafter the
petitioner shall be produced on the same day before the Magistrate who shall
release the petitioner on bail on appropriate terms.
V.RAMKUMAR, JUDGE
mt/-