IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 6181 of 2010() 1. P.N.HARIHARAN, S/O. NARAYANAN, ... Petitioner Vs 1. STATE OF KERALA, REPRESENTED BY ... Respondent For Petitioner :SRI.M.S.MANIKANDAN For Respondent : No Appearance The Hon'ble MR. Justice V.RAMKUMAR Dated :08/10/2010 O R D E R V. RAMKUMAR, J. ......................................... B.A. No.6181 of 2010 .......................................... Dated: 08.10.2010 ORDER
Petitioner, who is the 3rd accused in Crime No.597/2010 of
Kunnathunadu Police Station for offences punishable under Section 379
read with 34 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 21.10.2010 or on 22.10.2010 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. In case there is no incriminating
material against the petitioner, the Investigating Officer shall submit a
report to that effect before the Magistrate and release the petitioner on
bail.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
sj