High Court Kerala High Court

Anilkumar vs Sub Inspector Of Police on 1 February, 2007

Kerala High Court
Anilkumar vs Sub Inspector Of Police on 1 February, 2007
       

  

  

 
 
  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.

                            -----------------------------------------------

                                Bail Application No.546/2007

                            -------------------------------------------------

                                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/-