High Court Kerala High Court

K.Benoy Thomas vs The Station House Officer on 2 December, 2010

Kerala High Court
K.Benoy Thomas vs The Station House Officer on 2 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7604 of 2010()


1. K.BENOY THOMAS,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.C.V.BIMAL ROY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :02/12/2010

 O R D E R
                             V. RAMKUMAR, J.
                      .........................................
                        B.A. No. 7604 of 2010
                     ..........................................
           Dated this the 2nd day of December, 2010.

                                     ORDER

Petitioner, who is the sole accused in Crime No.1001/2010 of

Gandhi Nagar Police Station, Kottayam for an offence punishable under

Section 498 A IPC, 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 13.12.2010 or on

14.12.2010 for the purpose of interrogation and recovery of

incriminating material, if any. The petitioner shall thereafter be

produced before the Magistrate who on being satisfied that the

petitioner has been interrogated by the police shall consider and

dispose of his application for regular bail preferably on the same date

on which it is filed.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE.

ln