IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 444 of 2007()
1. C.M. HANEEF,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. PUBLIC PROSECUTOR,
For Petitioner :SRI.P.C.HARIDAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/02/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 444 OF 2007 A
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Dated this the 2nd day of February, 2007
O R D E R
In this Petition filed under Sec. 438 Cr.P.C. the petitioner,
who is the accused in Crime No.413/06 of Erattupetta Police Station for
offences punishable under Secs.465, 467, 468, 471, 472 and 420 I.P.C.,
seeks anticipatory bail.
2. I heard the learned counsel for the petitioner and the
learned Public Prosecutor. The learned Public Prosecutor opposed the
application submitting, inter alia, that the petitioner had fabricated plan,
possession certificate, tax receipts and forged the signature of the de
facto complainant and, using the same as genuine, has availed a loan
for Rs.6.5 lakhs from the District Co-operative Bank, Kottayam.
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 interrogation and then to have his
application for regular bail considered and disposed of by the Magistrate
concerned. Accordingly, the petitioner is directed to surrender before
the Investigating Officer on any day between 06/02/2007 and
08/02/2007 for the purpose of custodial interrogation and recovery of
BA.444/07
2
incriminating materials, if any. After interrogation, the petitioner shall be
produced before the Magistrate concerned on the same day, who shall
consider and dispose of the application, if any, filed by the petitioner for
regular bail preferably on the same day on which it is filed.
This petition is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks